[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

A bill to amend the Criminal Procedure Act, which seeks to restrict the prosecution's practice of summoning inmates from correctional facilities to prosecutors' offices for so-called "off-site investigations," is being reintroduced in the National Assembly. While the Correctional Headquarters remains under the jurisdiction of the Ministry of Justice, discussions are underway to transfer the newly established Major Crime Investigation Agency (MCIA), which is set to become a "super-sized investigative agency," to the Ministry of the Interior and Safety. This raises the likelihood that the chain of command and oversight between investigative agencies and correctional authorities will be separated. In this scenario, as changes to the prosecution's methods of investigating inmates and to correctional operations such as escort, visitation, and security become inevitable, the intention is to legally prohibit off-site investigations in principle by revising the law.

According to The Asia Business Daily's coverage on the 21st, Kim Yongmin, a Democratic Party lawmaker and the ruling party secretary of the National Assembly's Legislation and Judiciary Committee, recently sponsored a bill to amend the Criminal Procedure Act. The bill stipulates that prosecutors must, in principle, visit correctional facilities directly when investigating inmates, and may only summon inmates for off-site investigations with the approval of the Minister of Justice in unavoidable circumstances. In an interview with The Asia Business Daily, Assemblyman Kim, who sponsored the bill, stated, "Off-site investigations are often associated with secret interrogations and fabricated indictments. Issues such as the 'Salmon Alcohol Party' and fabricated spy cases have also been linked to off-site investigations," adding, "We will discuss handling the bill at the plenary session of the National Assembly." Assemblyman Lee Sungyun also commented, "Allowing prosecutors to conduct off-site investigations is a privilege. Prosecutors should go directly to correctional facilities to conduct investigations."

Until now, investigative agencies (the prosecution) and correctional authorities (the Correctional Headquarters) have operated in tandem within the Ministry of Justice, making the practice of investigating inmates a matter of routine. However, if investigative powers are transferred to the Ministry of the Interior and Safety, the Ministry of Justice will remain responsible for operating correctional facilities, escorting inmates, visitation, and security, while major investigations will be led by investigative agencies under the Ministry of the Interior and Safety. The current amendment aims to "fundamentally block the structure of taking inmates outside for investigations" during this reorganization process.

The amendment stems from concerns that the current Criminal Procedure Act does not clearly stipulate the procedures for prosecutors to investigate suspects held in correctional facilities. As a result, the prosecution has continued the practice of repeatedly summoning inmates to prosecutors' offices for investigations. In contrast, police, in principle, visit correctional facilities directly to conduct investigations, leading to criticism of unreasonable differences in investigative methods between agencies with the same investigative authority.

There have also been cases where some inmates have complained of human rights violations during the summoning process, such as unnecessary external transfers, late-night investigations, prolonged waiting times, and restrictions on meetings with their attorneys during investigations. Therefore, it is argued that the burden of movement on inmates should be reduced and transparency in the investigation process should be ensured. The bill also strengthens the requirements for off-site investigations when they are unavoidable. It mandates that a summons specifying the alleged facts, date, time, and location of the investigation be delivered, and limits the scope of the investigation to what is stated in the summons, in order to prevent arbitrary investigations and human rights violations.

However, whenever the abolition of off-site investigations is raised in political circles, 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 cases in which inmates appeared at prosecutors' offices (off-site investigations) exceeded 100,000 in 2016 before steadily declining, but has remained at around 40,000 cases per year since 2020.