[Asia Economy Reporter Kim Hyung-min] It has been reported that the Advisory Committee of the High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) has decided to pursue the 'prosecution suspension transfer' through an amendment to the Gong-su-cheo Act rather than through the procedural rules for case handling.
According to the legal community on the 14th, the Gong-su-cheo Advisory Committee agreed at a closed meeting held on the 12th to discuss the procedural rules for case handling, which will contain the operating principles of Gong-su-cheo, within a subcommittee.
According to the Advisory Committee's rules, the chairperson may establish a subcommittee composed of some members to efficiently perform tasks.
The newly formed subcommittee reportedly focused on how to define the 'suspension transfer,' which refers to transferring a case on the condition of suspending the exercise of prosecution rights, as a key agenda item.
The concept of suspension transfer emerged when Gong-su-cheo requested the Suwon District Prosecutors' Office to re-transfer the case involving former Vice Minister of Justice Kim Hak-ui's alleged illegal travel ban on the 7th of last month, asking to return the case after the investigation is completed to determine whether to prosecute.
Since the procedural rules established by Gong-su-cheo are administrative rules and thus cannot impose binding force on other agencies such as the prosecution and police, it is interpreted that they intend to seek a solution through legislative amendment.
In fact, the Advisory Committee can deliberate on matters related to the enactment, amendment, or abolition of laws and administrative rules under Gong-su-cheo's jurisdiction.
Previously, Gong-su-cheo circulated a draft procedural rule to the prosecution, which included a provision that when cases involving misconduct by judges, prosecutors, and police officers of rank superintendent or higher are transferred to the prosecution or police, the final decision on whether to prosecute rests with Gong-su-cheo.
However, the Supreme Prosecutors' Office officially opposed this, and the Suwon District Prosecutors' Office promptly indicted key suspects in the Kim Hak-ui case, including Prosecutor Lee Gyu-won.
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