Follow-up Measures: Serious Crimes Investigation Agency, Prosecution Office, and National Investigation Commission
Debate Over Retaining Supplementary Investigation Authority
Low Prospects for Bipartisan Cooperation
With the passage of the Government Organization Act on September 26, which includes the abolition of the Prosecutors' Office, the decision to dissolve the agency after 77 years of holding both investigative and prosecutorial authority has been finalized. During the one-year grace period before abolition, discussions will intensify regarding the establishment of the Serious Crimes Investigation Agency and the Prosecution Office, which are expected to take over the functions of the Prosecutors' Office. However, opposition parties, including the People Power Party, have raised concerns that abolishing the Prosecutors' Office could weaken the capacity to investigate civil cases and lead to a concentration of power within the Ministry of the Interior and Safety, as well as cause confusion in the legal system. Therefore, confrontation between the ruling and opposition parties is expected to continue.
During the one-year grace period before the amendment takes effect, a government-wide Prosecutorial System Reform Task Force, composed mainly of the Office for Government Policy Coordination, Ministry of Justice, and Ministry of the Interior and Safety, will develop detailed plans. The basic framework is to establish the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety, which will take over investigative authority from the Prosecutors' Office; to place the Prosecution Office, responsible for indictments and maintaining prosecutions, under the Ministry of Justice; and to set up the National Investigation Commission under the Office for Government Policy Coordination to mediate authority and resolve disagreements among investigative agencies.
On the 1st, a flag in front of the Supreme Prosecutors' Office in Seocho-gu, Seoul, fluttered in the wind as Prosecutor General Shim Woojung expressed his intention to resign after only nine months in office. The Special Investigation Team on the Insurrection plans to investigate Prosecutor General Shim Woojung for abuse of authority and other charges after he gave up the immediate appeal following the cancellation of former President Yoon Seokyeol's detention. 2025.07.01 Photo by Yoon Dongju
Going forward, the focus of prosecutorial reform is expected to shift to whether the Prosecutors' Office should retain its supplementary investigation authority. The legal community argues that this authority is necessary, citing cases where errors related to civil crimes have been corrected through supplementary investigations. However, some believe that if this authority is converted into a right to request supplementary investigations, it could escalate into a power struggle between investigative and prosecutorial agencies, potentially harming ordinary citizens. According to a survey on government organizational reform conducted by the Korean Bar Association among its members from the 12th to the 19th, 88.1% of respondents (2,101 people) supported granting the right to request supplementary investigations to prosecutors at the Prosecution Office. Even within the ruling party, there are differing opinions on whether the Prosecution Office should retain this authority, suggesting that heated debates are likely.
However, expectations for bipartisan cooperation on this issue remain low. The People Power Party continues to argue that the ongoing legislative push for prosecutorial reform has been rushed and poorly considered. Previously, the Democratic Party, immediately after President Lee Jaemyung's election victory, introduced bills on June 11 to abolish the Prosecutors' Office, establish the Prosecution Office and Serious Crimes Investigation Agency, and create the National Investigation Commission under the Office for Government Policy Coordination, pushing forward with these reforms over the subsequent three months.
During the filibuster (unlimited debate) against the amendment to the Government Organization Act held on this day, Park Sumin, a member of the People Power Party, spoke for 17 hours and 12 minutes, stating, "The government and ruling party's reorganization plan covers 13 vast and significant items, yet they are attempting to pass it within just ten days," and added, "If there had been at least a standing committee debate, we would not have needed to resort to an unlimited debate."
In contrast, the Democratic Party is emphasizing the need for rapid reform. Jeong Cheongrae, leader of the Democratic Party, remarked at an expanded executive meeting on the same day, "The unchecked power of the prosecution can no longer be wielded," highlighting the significance of the reform.
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