Ruling Party's Proposed 'Special Investigation Agency' Establishment Bill Faces Opposition from Ministry of Justice

Government Gwacheon Complex Building 1, Ministry of Justice exterior./Photo by Choi Seok-jin

[Asia Economy Choi Seok-jin, Legal Affairs Specialist Reporter] It was reported on the 3rd that the Ministry of Justice has effectively expressed opposition to the bill for the establishment of the Special Investigation Agency, which the ruling party is promoting.

According to the National Assembly and others on the day, the Ministry of Justice recently responded to the "Act on the Establishment and Operation of the Special Investigation Agency," proposed by 21 lawmakers including Lee Su-jin of the Democratic Party of Korea, stating, "We sympathize with the purpose and spirit of the bill overall, which is based on checks and balances and the protection of the basic rights of the people," but also expressed the opinion that "it is most important to firmly establish the hard-won achievements such as the adjustment of investigative authority between the police and prosecution and the establishment of the High-ranking Officials' Crime Investigation Agency (Gongsoocheo)."

The bill includes provisions to establish the Special Investigation Agency under the Minister of Justice, assigning the Special Investigation Agency and local investigation agencies to take charge of investigating six major crimes currently handled by the prosecution, while prosecutors will only have the authority to initiate and maintain prosecutions and request warrants. This can be seen as a bill to realize the ruling party’s push for ‘Geomsu-wanbak’ (complete removal of prosecution’s investigative authority).

The bill, which was proposed in May, was submitted to the National Assembly’s Legislation and Judiciary Committee on the 22nd of last month.

The Ministry of Justice also reportedly emphasized that "after the implementation of the new system, it is desirable to closely monitor the operational status of institutions responsible for criminal justice and the overall changes in the nation’s crime response capabilities, and to promote system improvements in a way that maintains these capabilities."

This aligns with the position of Prosecutor General Kim Oh-soo, who prioritizes the proper establishment of the significantly changed criminal justice system through amendments to the Prosecutors’ Office Act and the Criminal Procedure Act, including the adjustment of investigative authority between the police and prosecution and the establishment of Gongsoocheo.

The Ministry of Justice also highlighted the prosecution’s own reform efforts, stating, "The prosecution is also striving for continuous change by redefining the functions and roles of human rights protection and judicial control institutions through recent organizational restructuring, while ensuring there are no gaps in responding to important crimes such as corruption."

Additionally, the Ministry of Justice reportedly stressed the need to gather diverse opinions from prosecution members and others, as well as the necessity of efforts to minimize trial and error.