Seoul: The government has introduced a detailed plan for the establishment and operation of two new entities, the Office of Prosecution and the Serious Crimes Investigation Agency, set to launch in October. The Prosecutorial Reform Task Force under the Prime Minister's Office announced that it has prepared bills for these agencies and initiated the legislative notice process. This development follows the passage of a government reorganization law last September, which dismantled the existing prosecutors' office and divided its functions, paving the way for comprehensive follow-up legislation four months later.
According to Yonhap News Agency, there are concerns regarding the potential side effects of these bills. While the government aims to bolster the investigation of serious crimes, it remains uncertain how the new agency's investigative capacity will surpass that of the current system. A major point of debate in the office of prosecution bill is whether prosecutors should have the authority to order supplementary investigations. This proposal faces strong opposition from hard-liners within the ruling party, though the government plans to review it during revisions to the Criminal Procedure Act. Given the significant impact on the criminal justice system, a cautious approach is deemed necessary.
There is also apprehension about the concentration of power under the Ministry of the Interior and Safety. With the National Police Agency, the National Office of Investigation, and the Serious Crimes Investigation Agency all under its jurisdiction, the ministry's influence would increase. The interior minister would oversee specific cases through the new agency's head, assuming investigative command authority previously held by the justice minister via the prosecutor general. The government asserts that this authority will be used only in rare cases involving clear and serious illegality. However, the possibility of political misuse, as highlighted by the recent decision not to appeal in the Daejang-dong case, remains a concern.
Another urgent issue is preventing confusion due to fragmented investigative authority. Starting in October, nine categories of serious crimes, including public corruption and election law violations, will be managed by the Serious Crimes Investigation Agency, while the National Office of Investigation will handle general crimes. The Corruption Investigation Office for High-Ranking Officials will continue to operate independently. Despite legal jurisdiction definitions, practical gray areas are inevitable, potentially disrupting criminal investigations and burdening the public.
The government is encouraged to use the remaining time to gather diverse perspectives and implement safeguards. Structural reform alone does not ensure stronger investigations, and without meticulous planning, the costs could surpass the benefits.