Bills to Establish Public Prosecution Service and SCIA to Be Re-announced for Legislation from 24th to 26th
All Positions Unified Under Professional Investigator
Salaries and Retirement Age (63) Guaranteed for Prosecutors Transferring in Initial Phase
Legal Career Requirement Removed from Qualifications for SCIA Chief
Scope Limited to Six Major Crime Categories... Crimes Involving Public Officials and Elections Excluded
Prosecutors of Public Prosecution Service May Also Be Dismissed as a Disciplinary Measure
Explicit Ban on Disadvantageous Measures Against Prosecutors Who Raise Objections to Superiors
The bills to establish the Public Prosecution Service and the Serious Crimes Investigation Agency (SCIA), which are scheduled to be launched in October, will be re-announced for legislation. The position of "investigative judicial officer," which had been designed to draw prosecutors from the Prosecutors' Office into the SCIA, has been scrapped, and all investigative staff will now be unified under the title of professional investigator. Legal professional experience has also been removed from the qualifications required to become the head of the SCIA.
The Ministry of Justice and the Ministry of the Interior and Safety announced that they will each re-announce the bills on the Public Prosecution Service and the SCIA for legislation from February 24 to 26. The government had previously pre-announced drafts of the two bills on January 12. The revised versions for re-announcement were prepared after collecting public opinion and hearing the policy position of the ruling Democratic Party of Korea.
The position category of investigative judicial officer has been deleted. There had been differences in待遇 between investigative judicial officers and professional investigators, and these have now been unified at the level of professional investigators. However, prosecutors who transfer to the SCIA in its initial phase will have their salaries from the Prosecutors' Office guaranteed. The retirement age of 63 will also be maintained. This is intended to attract prosecutors.
There had also been differences in job security. Under the previous SCIA bill, investigative judicial officers could be dismissed as a disciplinary measure; however, dismissal required a resolution by the disciplinary committee and a recommendation by the Minister of the Interior and Safety, followed by a dismissal order from the President, making the procedure cumbersome. By contrast, professional investigators at grade 6 or below can be dismissed at the discretion of the Minister of the Interior and Safety, who holds the authority to appoint them.
The investigative scope of the SCIA is limited to six major categories of crime: corruption, economic crimes, defense procurement crimes, narcotics, crimes against the security of the state such as insurrection and treason, and cybercrimes. Crimes involving public officials, elections, and large-scale disasters are excluded.
Prosecutors of the Public Prosecution Service may also now be dismissed as a disciplinary measure. Previously, they could be removed from office only through impeachment or upon receiving a sentence of imprisonment or heavier punishment. In return, the law explicitly stipulates that no disadvantageous measures or待遇 may be imposed on or applied to a prosecutor who raises an objection to a superior. The three-tier structure of local, high, and national Public Prosecution Services will be maintained.
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