On the 17th, the party-government-presidential office consultative plan on the Serious Crimes Investigation Agency Act and the Prosecution Agency Act was submitted to the National Assembly's Public Administration and Security Committee and the Legislation and Judiciary Committee. The "priority investigation authority," which allows the Serious Crimes Investigation Agency to request other investigative bodies to transfer cases, was retained. Regarding the authority of prosecutors of the Prosecution Agency, the phrase "direction over warrant application and execution" was replaced with "matters necessary regarding warrant application."
According to ChosunBiz's reporting compiled that day, the Democratic Party decided to revise only part of the priority investigation authority provision (Article 44, Paragraph 3) in the Serious Crimes Investigation Agency Act. Accordingly, it was finalized to read, "If the head of the Serious Crimes Investigation Agency or the head of a regional Serious Crimes Investigation Agency determines and requests the transfer of a case concerning the criminal investigation of another investigative body, the relevant investigative body must comply unless there is a justifiable reason."
Previously, hard-liners within the broader pro-ruling camp had pointed out that the priority investigation authority provision of the Serious Crimes Investigation Agency was a poison pill. The point was that if the agency, where former Prosecution Service prosecutors would be assigned, could request other investigative bodies to transfer cases, it would in effect become the top investigative body.
However, in the party-government-presidential office consultative plan finalized that day, the provision on the Serious Crimes Investigation Agency's priority investigation authority was kept almost as is. On this provision, some say that "the views of hard-liners in the broader pro-ruling camp were ignored." There is also criticism that "the Serious Crimes Investigation Agency is placed under the Minister of the Interior and Safety, and if it holds priority investigation authority, there are concerns it could create a channel for the Minister of the Interior and Safety to intervene in investigations of all cases."
In the government plan, the structure of the Serious Crimes Investigation Agency was "Agency–Regional Agency–Branch," but in the party-government-presidential office consultative plan, it was changed to "Agency–Regional Agency." Regional agencies will be established in special cities, metropolitan cities, special self-governing cities, and provinces, and the names, locations, and jurisdictions will be set by presidential decree. In addition, court-affiliated public officials were added to the agency's investigative targets.
Meanwhile, regarding the authority of prosecutors belonging to the Prosecution Agency, the phrase "direction over warrant application and execution" was changed to "matters necessary regarding warrant application." Kim Yong-min, a Democratic Party lawmaker who serves as the ruling party secretary on The National Assembly's Legislation and Judiciary Committee, said at a morning press conference, "We deleted the authority to direct the execution of warrants and the authority to direct the application for warrants, which had allowed prosecutors to intervene in the process of compulsory investigation."
The provision on "job security" for prosecutors belonging to the Prosecution Agency was also replaced with a "discipline" provision. Accordingly, prosecutors may be subject to dismissal, removal, discharge, suspension, pay reduction, reprimand, or retirement through an impeachment decision, a sentence of imprisonment without labor or heavier punishment, disciplinary action, or a suitability review. Reprimands are imposed by the Prosecution Agency chief, the metropolitan Prosecution Agency chief, or the regional Prosecution Agency chief, while dismissal, discharge, removal, and similar actions are taken by the president upon the recommendation of the Minister of Justice.
The structure of the Prosecution Agency was changed from "Grand Prosecution Agency–High Prosecution Agency–Regional Prosecution Agency" to "Prosecution Agency–Metropolitan Prosecution Agency–Regional Prosecution Agency."