The authority for prosecutors to initiate direct investigations will be transferred to the newly established Serious Crime Investigation Agency (SCIA), while the Prosecution Office will focus solely on indictment and maintenance of prosecution. This reflects the principle of separating investigation and indictment, structurally preventing abuse of investigative powers. The SCIA, supervised by the Minister of the Interior and Safety, will be responsible for investigating nine major crimes, including corruption, economic crimes, public officials, elections, defense projects, major disasters, narcotics, national security crimes, and cybercrime. The Prosecution Reform Task Force announced that the Prosecution Office and SCIA are set to launch in October 2024, with relevant bills open for public comment from June 12 to 26.
The Prosecution Office Bill removes investigation and initiation of investigation from prosecutors’ duties, clearly defining their role as indictment and maintenance of prosecution. Internal and external controls are strengthened, with case review committees established at each High Prosecution Office and a higher proportion of external members in the qualification review committee to ensure objectivity and fairness. New criminal penalties for political involvement by prosecutors have been introduced, including up to five years of imprisonment and disqualification for joining or supporting political parties or organizations. Performance evaluation criteria now reasonably reflect rates of appeals, retrials, and acquittals.
The SCIA Bill focuses on preventing gaps in national investigative capacity by separating investigation and indictment functions. In addition to the nine major crimes, the SCIA can investigate offenses committed by officials of the Prosecution Office or other investigative agencies, as well as cases referred under specific laws. The agency features a dual personnel system of investigative judicial officers and specialized investigators, allowing for flexible career development and promotion. Specialized investigators can be promoted to judicial officers or senior positions, enhancing operational flexibility. Regulations also allow the SCIA to request case transfers to or from other investigative agencies to minimize confusion.
With the launch of the SCIA and Prosecution Office, the separation of investigation and indictment will be institutionally established. The Minister of the Interior and Safety’s supervisory authority focuses on protecting citizens’ rights and ensuring lawful exercise of investigative powers, with limited intervention in specific cases. Chief Cabinet Secretary Chang-ryeol Yoon emphasized efforts for swift legislation, thorough follow-up measures, and submission of related amendments to the National Assembly. The new system for investigating nine major crimes, flexible personnel structure, and strengthened external controls are expected to enhance national investigative capacity and fairness.