PCC Completes Personnel Composition but Faces Difficulties in First Investigation... Can Prosecution and Police Coordinate?

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Unit (HCICU) is completing all personnel arrangements with the conclusion of investigator interviews. Although the HCICU plans to commence investigations immediately once the president proceeds with the prosecutor appointment process, practical investigations are expected to face limitations due to unresolved issues regarding case transfer and prosecution jurisdiction.

According to the HCICU on the 13th, the investigator interviews, which began last week, will conclude today. Unlike prosecutors, investigators are directly appointed by the HCICU chief, meaning all internal work for selecting members is now complete.

The prosecutor selection process has moved to the Blue House. Following the submission of the final list of candidate prosecutors on the 26th of last month and the list of chief prosecutors on the 2nd of this month, it has been ten days, and President Moon Jae-in may make appointments as early as this week.

The problem is that the procedural rules governing the HCICU's exercise of investigative authority have not yet been established. Previously, the HCICU included in the draft procedural rules a provision allowing ‘prosecution authority with reservation’ for crimes committed by judges, prosecutors, and senior police officials, which led to conflicts with the prosecution.

Internally, the HCICU plans to set the direction for establishing the rules tomorrow, when the positions of the prosecution, police, coast guard, and military prosecutors regarding transfer request rights will be confirmed. Even if the first investigation begins, finding a compromise with the prosecution and police is a priority to avoid disruptions in the main investigation.

However, it is unlikely that issues concerning case transfer and prosecution jurisdiction will be easily resolved. A representative from the HCICU-Prosecution-Police consultative body stated, "The first meeting only confirmed general differences in positions, and this feedback is the first step toward narrowing those differences." They added, "A second meeting will be held once the positions of related agencies are organized, but coordination among working-level officials will not be easily concluded."

In fact, HCICU Chief Kim Jin-wook stated, "If the HCICU transfers crimes committed by prosecutors, judges, or police officers of rank superintendent or higher to the prosecution, it is possible for the prosecution to investigate and then for the HCICU to receive the case again to decide on prosecution." Meanwhile, the Supreme Prosecutors' Office has taken a clear stance that "there is no legal basis for reserving or separating some authority related to case handling and transferring cases."

A lawyer with a prosecution background said, "If standards for investigation, prosecution, and indictment are not clearly organized, controversies like the second or third Kim Hak-ui case transfer will arise, inevitably undermining trust in HCICU investigations." He added, "Ultimately, even after all members are appointed and investigations begin, it will take more time for investigators to set detailed investigative directions and accelerate the investigation speed."