34 Special Prosecutor Cases Transferred to NOI
Prosecution Handles Warrants and Indictments
No Dedicated Prosecution Department
"No Discussion Among Special Prosecutor, Prosecution, or NOI"
Special Prosecutor Joeun Seok is announcing the investigation results on June 15 at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, including the motives for former President Yoon Seokyoul's declaration of martial law and the initial preparation timeline.
The unresolved cases from Special Prosecutor Joeun Seok's team, which investigated the insurrection and treason incidents related to the December 3 Martial Law Crisis, must now be concluded by the prosecution. Despite the involvement of over 230 personnel and an investigation spanning six months, there are concerns that the cases ultimately had no choice but to be handed over to the prosecution.
According to the legal community on December 16, the special prosecutor's team transferred a total of 34 cases to the National Office of Investigation (NOI). If the NOI concludes the cases and determines that there is criminal suspicion, it must refer them with a recommendation for indictment, after which the prosecution will proceed with formal charges.
Even during the investigation process, the prosecution's involvement is unavoidable. If the NOI conducts compulsory investigations, it must apply for search and seizure warrants through the prosecution, as only the prosecution can issue them. In effect, the prosecution becomes involved in every stage of the special prosecutor's cases.
The issue is that there is no dedicated organization or department within the prosecution to handle special prosecutor cases, resulting in an inefficient structure where each incoming case must be allocated through a "case assignment meeting." This situation arose because the special prosecutor's team did not consult or seek consent from the prosecution before transferring unresolved cases. Previously, after the special prosecutor's investigation into the Park Geun-hye administration's state affairs manipulation scandal ended, the prosecution formed a special investigation headquarters to handle the remaining cases.
This time, the remaining cases were handed over from the special prosecutor's team to the NOI, and in practice, the Seoul Central District Prosecutors' Office is now responsible for tasks such as filing various warrants, indictments, and supplementary investigations, but a dedicated department has yet to be designated.
An official at the Seoul Central District Prosecutors' Office stated, "In the past, when we had investigative command over the police, there was organic cooperation. Now, however, the prosecution cannot direct the police on cases, and if the case falls under our jurisdiction, we simply have to handle it."
The official added, "There has never been any consultation or discussion with the prosecution regarding the cases transferred by the special prosecutor for insurrection. (Even within the Seoul Central District Prosecutors' Office) no discussions are currently underway."
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