[Exclusive] Abolition of Prosecutors' Off-Site Investigations Becomes a Key Issue as Investigation and Correctional Agencies Face Separation

Kim Yongmin Proposes Related Bill
MCIA to Move Under Ministry of Interior, Corrections Remain with Ministry of Justice
Separation of Command and Supervision Lines Expected
Aims to Fundamentally Block Prosecutors' Off-Site Summons

An amendment to the Criminal Procedure Act that restricts the prosecution's practice of summoning inmates from correctional facilities to the prosecutor's office for so-called "off-site investigations" is being reintroduced in the National Assembly. While the Correctional Headquarters remains under the Ministry of Justice, discussions are underway to reorganize the Major Crime Investigation Agency (MCIA)-which would become a "giant investigative body"-under the Ministry of the Interior and Safety. This raises the likelihood that the lines of command and supervision between investigative agencies and correctional authorities will be separated. In this scenario, changes to the prosecution’s investigation methods for inmates, as well as to correctional practices such as escort, visitation, and security, will be inevitable. The aim is to fundamentally block off-site investigations by codifying their abolition in law.

According to a comprehensive report by The Asia Business Daily on January 21, Kim Yongmin, a Democratic Party lawmaker and ruling party secretary of the National Assembly Legislation and Judiciary Committee, recently sponsored an amendment to the Criminal Procedure Act. The bill stipulates that prosecutors must, in principle, visit correctional facilities in person to investigate inmates, and only in unavoidable cases may they summon inmates for questioning, with the approval of the Minister of Justice. In an interview with The Asia Business Daily, Assemblyman Kim, who sponsored the bill, said, "Off-site investigations often lead to issues such as secret interrogations and fabricated indictments. The so-called 'salmon liquor party' case and the fabricated spy case were both problematic because of off-site investigations," adding, "We will discuss bringing this bill to a plenary session of the National Assembly." Assemblyman Lee Sungyun also commented, "Allowing prosecutors to conduct off-site investigations is a privilege. Prosecutors should go to the prisons themselves to conduct investigations."

Until now, investigative agencies (the prosecution) and correctional authorities (the Correctional Headquarters) have operated within the same Ministry of Justice framework, which has led to the habitual practice of summoning inmates for investigations. However, if investigative powers are transferred to the Ministry of the Interior and Safety, the Ministry of Justice will remain responsible for the operation, escort, visitation, and security of correctional facilities, while major investigations will be overseen by agencies under the Ministry of the Interior and Safety. The proposed amendment reflects the intention to fundamentally block the practice of removing inmates from correctional facilities for investigations during this reorganization process.

The amendment stems from the recognition that the current Criminal Procedure Act does not clearly specify the procedures for prosecutors to investigate suspects held in correctional facilities, resulting in the continued practice of repeatedly summoning inmates to prosecutors' offices for questioning. While the police are required to visit correctional facilities in person to conduct investigations, critics have pointed out that there is an unreasonable discrepancy in investigative procedures between agencies of the same nature.

There have also been cases where some inmates have complained of human rights violations during the process of being summoned by investigative agencies, citing unnecessary external transfers, late-night interrogations, lengthy waiting times, and restrictions on meetings with legal counsel during investigations. Therefore, it is argued that the burden of inmate transfers should be reduced and transparency in the investigation process should be ensured. The bill also strengthens the requirements for off-site questioning when it is unavoidable. It mandates that a summons specifying the details of the charges, as well as the date, time, and location of the investigation, be delivered to the inmate, and that the scope of the investigation must not exceed what is stated in the summons, in order to prevent arbitrariness and human rights violations in investigations.

However, whenever the abolition of off-site investigations is raised in the political sphere, the prosecution has expressed concerns that it could lead to delays in investigations. According to the Correctional Headquarters of the Ministry of Justice, the number of inmate appearances at prosecutors' offices (off-site investigations) exceeded 100,000 cases in 2016, then steadily declined, but has remained at around 40,000 cases annually since 2020.