Removal of Justice Minister Approval Clause for Direct Prosecution by Prosecutors

Final Draft of Organizational Restructuring Announced
General Criminal Division Also Investigates Economic Crimes
Anti-Corruption Investigation Unit Established at Busan District Prosecutors' Office
Prosecutors' Opposition Leads to Partial Retreat
Park Beom-gye: "Part of the Investigation Authority Reform Continuum"

Minister of Justice Park Beom-gye is saluting the national flag at the Cabinet meeting held at the Government Seoul Office in Jongno-gu, Seoul, on the 15th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Kim Hyung-min] The final version of the prosecution's organizational reform plan, which had been controversial due to restrictions on direct investigations by the prosecution and the requirement of ministerial approval for certain investigations, has been prepared. The clause requiring ministerial approval for the commencement of direct investigations by the Criminal Division, which faced strong opposition from the prosecution, has been removed.

On the 18th, the Ministry of Justice announced the draft amendment to the "Regulations on the Organization of the Prosecutor's Office (Presidential Decree)" regarding the prosecution's organizational reform plan for public consultation and decided to collect opinions from related agencies such as the Ministry of Justice and the Supreme Prosecutors' Office by the 22nd. The amendment will be implemented immediately once it passes the Cabinet meeting. However, it is unlikely to be submitted to the Cabinet meeting scheduled for the 22nd.

The amendment reflects a step back by the Ministry of Justice, which had a disagreement with the Supreme Prosecutors' Office. The condition requiring the Minister of Justice's approval for direct investigations was withdrawn. Additionally, direct investigations into economic crimes by the Criminal Division have been allowed. Accepting the opinion of the Supreme Prosecutors' Office, an Anti-Corruption Investigation Division will also be established at the Busan District Prosecutors' Office.

Previously, the draft prepared by the Ministry of Justice stipulated that when small branch offices conduct direct investigations, a temporary organization would be formed under the approval of the Minister of Justice upon the request of the Prosecutor General. This sparked criticism both inside and outside the legal community, arguing that it undermines the political neutrality and independence of the prosecution.

The Supreme Prosecutors' Office officially expressed opposition on the 8th. At that time, the Supreme Prosecutors' Office emphasized, "The ministerial approval part seriously undermines the political neutrality and independence of the prosecution and has several issues, making it difficult to accept," and "Most prosecutors in the field have also expressed concerns."

They also stated, "We judge that it is absolutely necessary to establish an Anti-Corruption Investigation Division at the Busan District Prosecutors' Office, the second largest city in our country, to maintain the prosecution's capacity to respond to corruption."

Meanwhile, Park Beom-gye, Minister of Justice, appeared before the National Assembly's Legislation and Judiciary Committee on the same day and said, "The organizational reform plan is an adjustment in line with the extension of investigative authority reforms previously reflected in the same law, aiming to protect human rights and judicial control, and within that content, the spirit of separating investigation and prosecution is also being prepared."

The revised organizational reform plan is also expected to be reflected in the upcoming mid-level prosecution personnel reshuffle. Minister Park expressed his intention to coordinate opinions by meeting with Prosecutor General Kim Oh-soo soon. Minister Park said the day before, "There is no rule that we must meet on weekdays. If I say this week, it includes Sunday," and added, "There are several issues, and I need to hear opinions on personnel matters."