No Affiliated Agency Specified, 'Independent Execution of Duties' Stated
Vice Minister-Level Head of Serious Crime Investigation Agency as 'Chief Investigator'
Hwang Unha, a member of the Democratic Party of Korea, is holding a press conference titled "One Year Since the Ulsan Incident Prosecution" at the National Assembly Communication Office in Yeouido on the 29th. Photo by Yoon Dongju doso7@
[Asia Economy Reporter Park Cheol-eung] On the 8th, Hwang Unha, a member of the Democratic Party of Korea, proposed a bill to completely abolish the prosecution's investigative authority and establish a separate 'Serious Crime Investigation Agency' to take over these powers. Hwang is a member of the Democratic Party's Special Committee on Prosecutorial Reform, which has settled on transferring the six major crimes still under prosecution investigation (corruption, economic crimes, public officials, elections, defense projects, and major disasters) to a separate agency.
On the same day, Hwang told Asia Economy in a phone interview, "Before the committee-level bill scheduled for the end of February is released, I submitted an individually prepared bill that includes the broad outlines of the committee's discussions," adding, "This is to give more momentum to the discussions by presenting a concrete proposal." Choi Kang-wook, leader of the Open Democratic Party, along with Democratic Party members Kim Nam-guk, Kim Yong-min, Song Young-gil, Jin Sung-jun, and 20 other lawmakers jointly signed as co-sponsors.
The committee is discussing which government ministry the separate investigative agency should belong to. Hwang specified that "the Serious Crime Investigation Agency shall independently perform the duties within its authority." This leaves room for future discussions to place the agency under the Ministry of Justice, the Ministry of the Interior and Safety, or as a completely independent organization, while clearly emphasizing independence in its duties.
The bill states that the head of the Serious Crime Investigation Agency will be appointed after the President nominates one candidate from two recommended by a seven-member Candidate Recommendation Committee for the Head of the Serious Crime Investigation Agency, followed by a confirmation hearing. The appointee must have at least 15 years of experience as a judge, prosecutor, or lawyer, or have worked in investigative duties at national agencies, local governments, public institutions, or other corporations, or have served as an associate professor or higher in legal studies.
The head of the Serious Crime Investigation Agency will hold a vice-ministerial rank titled 'Chief Investigator.' The deputy head will be considered 'Deputy Chief Investigator,' and the agency may have investigative research officers.
For regional distribution, the bill provides for local investigative agencies corresponding to the jurisdictional areas of high courts. Investigators will be appointed from among those qualified as lawyers, former prosecutors or police officers engaged in investigation duties, or those with at least five years of practical experience in investigative work as defined by presidential decree.
On the morning of the 9th, Hwang plans to hold a press conference with members of the ruling party's group called 'Cheoreomhoe' to explain the bill's contents and background. At the end of last year, Kim Yong-min, also a member of Cheoreomhoe, proposed a bill to abolish the prosecution office and establish a 'Public Prosecution Office' with only the authority to indict and maintain public prosecution.
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