Splitting Investigative Agencies with Unclear Authority... Soaring Legal Fees: What Can Be Done? [The Complainant as Detective] ⑥

Scope and Targets of Investigations Remain Undefined
Major Crimes Investigation Agency Launch Expected to Bring Confusion
Appeals Procedures Likely to Become Complicated

Editor's NoteWith the bill to abolish the Prosecutors' Office set to pass the National Assembly plenary session on the 25th, citizens are engaged in disputes that are nearly private lawsuits. The government emphasizes "prosecution reform without harm to the public," but the reality felt by victims of criminal cases is different. This article examines the confusion on the ground that has emerged since the adjustment of investigative powers between the police and prosecution, and diagnoses the issues the public will face in the era of the Major Crimes Investigation Agency one year from now.

Yonhap News

Once the Major Crimes Investigation Agency and the National Investigation Committee are established, there are concerns that "case ping-pong" between investigative agencies will become rampant, and that the legal fees paid by victims or parties involved in cases will increase accordingly. Every time a case is transferred between investigative agencies, the submission of documents and summons for questioning directly leads to increased attorney fees.

On September 24, legal professionals both inside and outside the judiciary expressed concerns that if the Major Crimes Investigation Agency is launched without clearly defining the scope and targets of investigations for each agency, confusion on the ground will intensify due to overlapping investigative authority among the police, the new agency, and others.

They point out that as investigative authority is distributed among multiple agencies, accountability becomes unclear, since it is not explicitly determined which agency will have investigative jurisdiction over specific cases. This could result in investigative gaps in responding to crimes.

Already, the adjustment of investigative powers has led to cases being bounced back and forth between the police and prosecution, causing delays in remedying crime victims' losses. With the establishment of the Major Crimes Investigation Agency, case processing could be further delayed.

An attorney who previously served as deputy chief prosecutor noted, "It is very common for investigations that start with the police to be transferred to the prosecution, then back to the police, and again to the prosecution. The reasons for these transfers and re-transfers are often unclear, making it difficult to provide clear explanations to clients."

Attorney fees are also on the rise. Legal assistance, being an intangible service, is not subject to fixed pricing; attorneys set their own fees. Depending on the seriousness and nature of the case, the retainer fees for attorneys can vary widely. In the industry, it is generally known that attorneys without prior experience as prosecutors or judges charge a minimum retainer of around 3 million won. This means that even just filing a complaint or accusation with an investigative agency through an attorney incurs several million won in costs.

The problem intensifies as the number of investigative agencies increases. It becomes difficult for ordinary citizens to determine which agency can handle their case, what procedures to follow for filing complaints or accusations, or how to appeal the outcome of a case. This exacerbates information asymmetry. As a result, people end up needing to hire attorneys at each stage, and there are more points at which additional fees must be paid. More legal services are required to respond to more agencies than under the current system, where criminal procedures are unified between the police and prosecution.

One attorney explained, "When you hire a lawyer, the fees vary significantly depending on whether you are responding to a police investigation, a case transferred to the prosecution, or a case that goes to trial. If the number of investigative agencies and investigation committees increases, attorneys will be able to charge separate fees at each stage, and legal costs will rise sharply."