Prosecutors: "Request to Transfer Case Inappropriate After Forced Investigation Started"

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] On the 15th, Yonhap News reported that the Supreme Prosecutors' Office conveyed to the Corruption Investigation Office for High-ranking Officials (CIO) that a more 'specific standard is necessary' regarding the provision in the CIO Act which requires investigative agencies to transfer cases under investigation if the CIO requests the transfer.

According to the report, Article 24, Paragraph 1 of the CIO Act stipulates that "if it is judged appropriate for the CIO to investigate a case in consideration of the progress of the investigation and controversies over fairness, and the CIO requests the transfer, the relevant investigative agency must comply." Legal circles have pointed out that the criteria for requesting case transfers are vague, allowing the CIO to exercise the right to request transfers arbitrarily. For this reason, the Supreme Prosecutors' Office holds the position that the CIO should establish concrete standards for the 'progress of the investigation' and 'controversies over fairness,' which serve as the basis for requesting transfers.

Regarding the 'progress of the investigation,' the Supreme Prosecutors' Office is reported to have expressed the opinion that it is inappropriate to request a transfer after another investigative agency has initiated compulsory measures such as search and seizure. The concern is that if a case is transferred to the CIO after the investigation has progressed significantly to the point of compulsory investigation, the investigation may be prolonged, potentially infringing on the human rights of suspects and other parties involved. As for the 'controversies over fairness,' the position is that it should not be an abstract concept but based on objective facts such as specific human rights violations or lenient investigations. At the same time, it is reported that the Supreme Prosecutors' Office conveyed that if a case raises concerns about 'controversies over fairness' when investigated by the CIO, the CIO should also refrain from requesting the transfer, and that a regulation to this effect is necessary.

Previously, the Supreme Prosecutors' Office officially opposed the draft regulation on CIO case affairs, which stipulates that the CIO has the final authority to decide on the prosecution of cases investigated by the prosecution.