Maze-Like Investigation, Indictment, and Judgment... Only Legal Costs and Time Increase [The Accuser as Detective] ⑤

Repeated Transfers of Investigative Authority
Serious Crime Investigation Agency Launches Next Year
Investigative Backlogs and Confusion Expected to Worsen
Objection Procedures Becoming More Complicated
Controversy Over National Invest

Editor's NoteWith the bill to abolish the Prosecutors' Office set to be passed at the National Assembly plenary session on the 25th, people on the ground are engaged in battles that are close to "private lawsuits." While the government advocates for "prosecution reform without harm to the public," the reality felt by victims of criminal cases is quite different. This article examines the confusion that has emerged in the field since the adjustment of investigative powers between the prosecution and police, and diagnoses the challenges the public will face one year from now in the era of the Serious Crime Investigation Agency.

The criminal justice system has undergone significant changes due to the adjustment of investigative powers between the police and prosecution in 2021, the complete deprivation of prosecutorial investigative authority in 2022, and the restoration of prosecutorial investigative authority in 2023. As a result, the stages from investigation to indictment and judgment have become as complex as a maze. The repeated process of granting and retracting investigative powers, along with the addition of multiple steps, has delayed the strict punishment of criminals and increased the time and costs borne by victims.

The real issue begins next year. With the launch of the Serious Crime Investigation Agency and the establishment of various investigative committees, the number of investigative bodies will increase, likely exacerbating investigative backlogs. Legal assistance costs at each stage of investigation are also expected to rise.

According to a comprehensive report by Asia Economy on September 24, the average time required to process a criminal case-from police filing, supplementary investigation requests, to the prosecution's final decision-was 312.7 days last year. If the prosecution decides to indict, victims must wait at least two to three years to receive a final judgment from the court.

Proliferation of Investigative Agencies

First, the number of investigative agencies will increase. Multiple agencies with investigative authority will exist, including the police, the Coast Guard, the Corruption Investigation Office for High-ranking Officials, special judicial police, and the Public Prosecution Office (if it is granted supplementary investigative powers). From the perspective of crime victims or other parties involved, the sudden proliferation of investigative bodies creates a structure in which it is difficult to know which agency should handle a case.

Economic crimes are a prime example. The handling of financial and securities crimes, such as market manipulation, stock tip rooms, and insider trading cases, will become more complicated. Both the police and the Serious Crime Investigation Agency will be able to conduct primary investigations. If victims file complaints or accusations with different agencies, confusion may arise as multiple agencies investigate the same case.

The criteria for determining which agency should handle a case are also unclear. If the accused or the accused party feels that a case is being handled unfavorably, they may employ a strategy of submitting the case to another agency, leading to further confusion. A lawyer with a background in law enforcement commented, "If we do not clarify which agency is responsible for which investigations, turf wars could break out."

Flowchart of Criminal Justice Procedures After the Introduction of the Serious Crime Investigation Agency (Source: Joo Jinwoo, Office of the People Power Party Member of the National Assembly)

Confusion Over Appeals

Appeals are also problematic. Victims and parties involved in criminal cases will face increasing difficulties. Currently, if the police decide not to refer a case for prosecution, an appeal can be filed, allowing the prosecution to review the case again and make necessary supplements.

However, under the prosecution reform bill being promoted by the ruling party, if the Serious Crime Investigation Agency decides not to refer a case, appeals would not be made to the Public Prosecution Office. Instead, appeals could be submitted to the regional Serious Crime Investigation Agency or an investigation review committee. If the review committee dismisses the appeal, the appeal can then be brought before the National Investigation Review Committee. In other words, several additional steps are required to file an appeal.

Under the current bill, the National Investigation Review Committee is structured to handle appeals of cases not referred for prosecution. This means the committee will have to review tens of thousands of appeal cases individually. Rather than another investigative agency conducting supplementary investigations, an administrative committee will simply review whether there were any procedural flaws during the investigation.

The composition of the National Investigation Review Committee is also controversial. The current proposal stipulates that the National Assembly and the President each recommend four members, and a separate recommendation committee recommends three members. With the government and ruling party wielding significant influence, there is concern that improper political intervention in investigations could occur depending on the administration. A lawyer who previously served as a chief prosecutor commented, "Under the current plan, politics could intervene in investigations, and it is questionable whether parties involved in cases will be able to accept the committee's decisions."