Case Explained: Korea Passes Law Creating New Criminal Investigation Agency – Legal Perspective

Legislation to establish the Public Prosecution Service and the Serious Crimes Investigation Agency in October passed the National Assembly on May 21. The bills provide the legal foundation for new criminal justice bodies that will separately handle indictments and major crime investigations, replacing the Supreme Prosecutors’ Office set to be abolished under a government reorganization law revision.

The National Assembly passed the Serious Crimes Investigation Agency Act at a plenary session, led by the Democratic Party and other ruling coalition parties. Under the law, the agency will operate under the Ministry of the Interior and Safety. Its investigative jurisdiction covers six major crime categories: corruption, economic crimes, defense industry offenses, drug crimes, insurrection and foreign exchange violations, and cybercrimes.

The agency’s scope also includes so-called law distortion cases and crimes committed by officials of the Public Prosecution Service, police, the Corruption Investigation Office for High-ranking Officials, and courts while in office.

Investigators at the agency will be special-service civil servants under a unified rank system from grades 1 to 9. While open recruitment is the principle, experienced hires are permitted for candidates with relevant academic knowledge, experience, skills, or research achievements.

The government’s original bill included a provision requiring the agency to notify the Public Prosecution Service when initiating investigations. However, the Democratic Party deleted this clause through consultations among the party, government, and presidential office.

The National Assembly passed the Public Prosecution Service Act the previous day, establishing the organizational structure and prosecutorial authority. The law stipulates that the service will handle only indictments under the principle of separating investigation and prosecution, operating through a three-tier system of central, regional, and local offices.

Under the new framework, prosecutors’ supervisory authority over special judicial police officers has been abolished. An abuse of authority prohibition clause was added. By specifying “dismissal” as grounds for disciplinary action, prosecutors can now be dismissed without impeachment proceedings.

The People Power Party opposed the legislation, calling it “destruction of the prosecution” and “the worst revision,” mounting a filibuster. However, after the legally mandated 24-hour debate period, the Democratic Party joined with progressive minor parties to end debate by vote and passed the bills sequentially.

Following completion of the legislative process, the Democratic Party plans to continue its self-described prosecution reform by processing criminal procedure law amendments after the June local elections. Within the party, however, debate has emerged over whether to grant supplementary investigation authority to prosecutors. President Lee Jae-myung has indicated that exceptional supplementary investigation powers are necessary, but hardliners within the party argue such authority should not be permitted.