Minister Jung Sungho:
"Preventing Excessive Prosecutorial Investigations"
Before moving forward with full-scale legislative reforms of the prosecution, the Ministry of Justice has begun the process of revising the so-called "prosecutorial investigative authority restoration" enforcement decree. The intention is to reverse the measures taken by the Yoon Suk Yeol administration, which effectively restored prosecutorial investigative powers, and to restrict those powers in accordance with the original legislative context.
Justice Minister nominee Sungho Jung is answering reporters' questions as he arrives for his first day at the confirmation hearing preparation office set up in Jeokseon Hyundai Building, Jongno-gu, Seoul on July 1, 2025. Photo by Yongjun Cho
On August 8, the Ministry of Justice announced, "In line with the legislative intent of the Prosecutors' Office Act, which limits the scope of direct investigations by prosecutors to two major crimes?corruption and economic crimes?we have begun revising the related enforcement decree, 'Regulations on the Scope of Crimes Subject to Prosecutors' Direct Investigation.'"
The ministry intends to revise the enforcement decree to align with the purpose of the amended Prosecutors' Office Act, commonly known as the "Complete Deprivation of Prosecutorial Investigative Authority Act," which was enacted in September 2022 to prevent the abuse of prosecutorial investigation and indictment powers.
With the enforcement of the amended Prosecutors' Office Act at that time, the range of crimes for which prosecutors could initiate direct investigations was reduced from the previous six major crimes (public officials, elections, defense procurement, major disasters, corruption, and economic crimes) to two major crimes (corruption and economic crimes). However, then-Minister of Justice Han Donghoon significantly expanded the definitions of corruption and economic crimes, thereby broadening the scope of direct investigations.
In response, Minister of Justice Jung Sungho immediately ordered the revision of the regulations on the initiation of investigations to be consistent with the Prosecutors' Office Act, which aims to narrow the scope of crimes subject to direct investigation by prosecutors.
The Ministry of Justice explained, "There have been assessments that the purpose of the legislative amendment?to prevent the abuse of prosecutorial power?has been undermined, as the scope of direct investigations by prosecutors was greatly expanded due to the amendment of the regulations on the initiation of investigations."
The ministry further evaluated, "By revising the enforcement decree in line with the purpose of the higher law, we will faithfully reflect the will of the sovereign people in the operation of the prosecutorial system, and by preventing excessive investigations by prosecutors, this will serve as the first step toward normalizing the prosecution."
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