Ahead of the Enforcement of the Complete Review Blocking Act... Prosecution and Police Heighten Tensions over 'Investigation Authority Adjustment'

Amendment to Prosecutor Investigation Expansion Enforcement Decree
Yoon Hee-geun "Concerns Over Undermining the Purpose of Legal Revision"
The Prelude to Jeonse Fraud and Others Has Already Begun

[Asia Economy Reporter Seongpil Cho] The conflict between the prosecution and the police over the adjustment of investigative authority is expected to intensify. Ahead of the enforcement of the "Prosecution's Direct Investigation Restriction Act" (Geomsu Wanbak Act), the Ministry of Justice is pushing for a revision of the enforcement decree to expand the scope of direct investigations by prosecutors, while the police have clearly expressed a negative stance and are sharpening their opposition.

On the 18th, Yoon Hee-geun, Commissioner of the National Police Agency, stated during a report to the National Assembly's Public Administration and Security Committee that the Ministry of Justice's recent push to revise the enforcement decree "risks undermining the purpose of the law amendment." This was the first time the police officially expressed their position since the Ministry of Justice announced the draft revision of the enforcement decree.

On the 11th, the Ministry of Justice announced a draft revision of the enforcement decree that largely restores the scope of prosecutors' direct investigations, which had been drastically reduced by the Geomsu Wanbak Act. When the Geomsu Wanbak Act takes effect on the 10th of next month, the scope of prosecutorial investigations was expected to be drastically reduced from six major crimes to two major crimes. However, the draft revision of the enforcement decree aims to expand the scope of the two major crimes, including corruption and economic crimes. In particular, it allows prosecutors to directly investigate crimes related to organized violence, voice phishing, and drug distribution, which had previously been handled by the police.

At the time of the announcement, Han Dong-hoon, Minister of Justice, explained, "The draft revision of the enforcement decree was prepared to address side effects such as delays in investigations and national investigative capabilities caused by the Geomsu Wanbak Act." However, opposition parties criticized it as a "trick" that effectively nullifies the Geomsu Wanbak Act. Voices expressing discomfort with the expansion of prosecutors' direct investigation scope also emerged within the police, and ultimately, Commissioner Yoon publicly voiced his negative opinion during the National Assembly report the day before.

The National Police Agency plans to submit its opinions on the draft revision of the enforcement decree as a related agency by the 22nd. Considering Commissioner Yoon's remarks and the police's stance so far, it is highly likely that negative opinions will be reflected. This situation could deepen the conflict just three weeks before the enforcement of the Geomsu Wanbak Act. Previously, during meetings of the prosecution-police consultative body to discuss follow-up measures for the Geomsu Wanbak Act, both sides showed significant differences in opinion.

There is also a view that the psychological warfare between the two sides over the adjustment of investigative authority has already begun. Since his inauguration, Commissioner Yoon has ordered the eradication of malicious fraud under the name of "the first promise to the public." Among the malicious frauds defined by the National Police Agency at that time, jeonse fraud was ranked first, which is also an area emphasized by the prosecution. The Supreme Prosecutors' Office had already formed a dedicated team for all fraud cases at the Seoul Western District Prosecutors' Office last month and, on the 11th of this month, instructed all prosecutors' offices nationwide to strictly respond to jeonse fraud and other related crimes.

Investigation achievements such as arrests related to jeonse fraud could serve as justification in the dispute over investigative authority adjustment between the two sides. To this end, the police have formed a task force (TF) led by Nam Gu-jun, head of the National Investigation Headquarters, and have established a regular video conference system for nationwide investigation command units, preparing thoroughly. If the draft revision of the enforcement decree is promulgated and enforced as it currently stands, the psychological warfare between the two sides could expand from jeonse fraud to organized crime, drugs, and voice phishing.