Abolition of the "Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation" Enforcement Rules
Legislative Notice from Tomorrow Until the 29th
Minister of Justice Han Dong-hoon is briefing on the amendment to the "Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation" at the briefing room on the 3rd floor of the Ministry of Justice, Government Gwacheon Complex, on the afternoon of the 11th. Photo by Choi Seok-jin
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Ahead of the implementation next month on the 10th of the so-called 'Prosecution Direct Investigation Restriction Act (amended Prosecutors' Office Act and Criminal Procedure Act),' which reduces the scope of direct investigations by prosecutors, the Ministry of Justice has moved to expand the scope of prosecutors' direct investigations through amendments to related presidential decrees.
The Ministry of Justice announced on the 11th that it plans to publicly notify the partial amendment bill of the presidential decree titled 'Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation' and the abolition bill of the Ministry of Justice decree titled 'Enforcement Rules on the Scope of Crimes for Prosecutors' Investigation Initiation' from the 12th to the 29th.
On the afternoon of the same day, at a briefing held in the briefing room on the 3rd floor of the Ministry of Justice building in Gwacheon Government Complex, Minister of Justice Han Dong-hoon stated, "The current and amended Prosecutors' Office Act delegates the scope of important crimes for which prosecutors can initiate investigations to presidential decrees, allowing the government to set specific scopes." He added, "It is clear from the legal text that 'important crimes' specifically defined by the government, in addition to the exemplified corruption and economic crimes, are included in the scope of investigation initiation."
He continued, "The current enforcement decree excessively restricts the scope of prosecutors' investigation initiation without reasonable standards, which will lead to a weakening of the nation's crime response capabilities," and said, "To minimize harm to victims and related parties, we have supplemented the law within the delegated scope in accordance with the legal system."
With the enforcement of the Prosecution Direct Investigation Restriction Act, the crimes for which prosecutors can directly initiate investigations will be reduced from the current six major crimes (corruption, economic, public official, election, defense industry, and large-scale disaster crimes) to "corruption crimes, economic crimes, and other important crimes as defined by presidential decree," crimes committed by police officers and officials of the Corruption Investigation Office for High-ranking Officials, and crimes directly related to such crimes or crimes referred by judicial police officers.
The Ministry of Justice plans to significantly expand the scope of corruption and economic crimes through amendments to the presidential decree and to classify crimes that disrupt judicial order and crimes for which prosecutors are requested to file complaints or investigations under individual laws as "important crimes" under the Prosecutors' Office Act, allowing prosecutors to directly investigate them.
First, the amendment bill includes 'abuse of authority' and 'forgery of official documents' among public official crimes as typical types of corruption crimes alongside bribery, and includes 'buying votes and inducing understanding' and 'donation acts' among election crimes as representative types of money politics, thereby allowing prosecutors to investigate these as 'corruption crimes.'
The amendment bill also defines 'drug trafficking-related crimes' and 'organized crimes for economic crimes' such as violent organizations extorting ordinary citizens, corporate-type organized crime groups, and voice phishing as 'economic crimes,' enabling prosecution investigation.
Furthermore, the amendment bill designates crimes disrupting judicial order and crimes for which prosecutors are requested to file complaints or investigations under individual laws, in addition to corruption and economic crimes, as 'important crimes,' allowing prosecutors to directly investigate them.
False accusation and perjury are defined as 'crimes disrupting judicial order.' This addresses the current legal issue where prosecutors cannot investigate false accusation cases even when the police have dismissed the case but the false accusation is recognized.
Crimes for which national agencies request prosecutors to file complaints or investigations are also made subject to investigation.
The amendment bill also specifically defines the concept and scope of 'direct relevance,' which was criticized as unreasonable during the legislative process. Related cases sharing the same perpetrator, facts, or evidence can be continuously investigated by prosecutors.
The Ministry of Justice also plans to abolish the 'Enforcement Rules on the Scope of Crimes for Prosecutors' Investigation Initiation,' which divides the scope of investigation targets by rank and amount.
Under the current enforcement rules, prosecutors can only investigate bribery cases involving public officials of grade 4 or higher, improper solicitation involving amounts of 50 million KRW or more, and illegal export/import of strategic materials involving amounts of 5 billion KRW or more.
The amendment bill will apply to investigations initiated after the enforcement date of the amended Prosecutors' Office Act on the 10th of next month.
At the end of the briefing, Minister Han said, "The Ministry of Justice will widely listen to opinions from various sectors of society through public notice and opinion surveys regarding this amendment bill of the enforcement decree, and will sincerely consider the opinions received." He added, "We will make every effort to supplement the system and prepare for the enforcement of the law to minimize any national crime response gaps or harm to the public that may arise from the implementation of the amended law on September 10."
Minister Han further stated, "We have filed a constitutional review petition claiming the amended law is unconstitutional and invalid, but until a constitutional decision is made, please understand that we are making thorough preparations to minimize legal gaps and public harm that could occur if the law is enforced."
Finally, Minister Han said, "When the new Prosecutors' Office Act takes effect on September 10, it will have a direct and tangible impact on the public because it concerns the criminal justice system." He earnestly requested, "I sincerely ask for your interest and advice on the enforcement decree that the government is preparing in response to this law."
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