The Corruption Investigation Office for High-Ranking Officials Publishes Annotated Code... Addressing Issues Such as Case Transfers

[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Agency (HCIA) announced on the 17th that it has published an annotated commentary on the HCIA Act to reference in its investigation and prosecution work. It includes major issues such as support for investigative activities and the HCIA chief's request for case transfer.

Since its launch in January last year, the HCIA has been working on publishing an annotated commentary on the HCIA Act to carry out its duties such as investigation, prosecution, and maintenance of prosecution. To this end, in March last year, it commissioned a policy research project and entrusted the publication of the commentary to the Korea Institute of Criminology and Justice Policy.

The research team divided roles and reviewed past legislative discussions and the structure of the law, then objectively described the legislative intent and history, main contents, and amendment opinions for each article. In particular, for major issues, opposing views were introduced in a balanced manner.

For example, regarding whether personnel support is included in the scope of support for investigative activities, one view stated that "Considering Article 17, Paragraph 4 of the HCIA Act, which grants the HCIA chief the authority to request investigative cooperation when necessary, and Article 44, which allows receiving dispatched public officials from other administrative agencies, personnel support is also possible." The opposing view stated that "Given that the HCIA also functions as a check on the prosecution and police, and considering the case transfer provision (Article 24, Paragraph 3) depending on the scale of the case, it is reasonable to refrain from dispatching personnel other than administrative staff."

Regarding the HCIA chief's right to request case transfer under Article 24, Paragraph 1 of the HCIA Act, different views were presented according to conditions such as ▲redundancy of criminal investigations ▲timing of investigation initiation ▲progress of the investigation.

Concerning notification of recognition by other investigative agencies, the scope of recognition includes both the view that "According to Article 24, Paragraph 2 of the HCIA Act, recognition occurs 'in the process of investigating a crime,' so cases based on complaints or accusations are excluded," and the view that "It includes receipt of complaints or accusations, preparation of recognition reports, and cases where high-ranking officials' crimes are recognized during criminal investigations."

Additionally, regarding the legal nature of HCIA regulations, the commentary includes the view that "According to the principle of legislative authority of the National Assembly, administrative legislation not stipulated in the Constitution cannot be recognized as law, and investigation office regulations established by the HCIA chief are merely administrative rules controlling internal administrative agencies," as well as the view that "The authority to enact legal ordinances under the Constitution is exemplary, and the National Assembly grants legislative power to administrative agencies within self-imposed limits, so the legal effect of investigation office regulations is recognized, as in the case of the Board of Audit and Inspection regulations."

However, the HCIA explained that the research content of the commentary does not represent the official stance of the HCIA. Kim Jin-wook, HCIA chief, said, "It seems meaningful that the annotated commentary on the HCIA Act was published just before the first anniversary of my appointment as HCIA chief," and added, "I hope the publication of the HCIA Act commentary will contribute not only to the development of criminal justice but also to enhancing trust in HCIA activities."