President Lee Jae-myung asked whether the amended Criminal Procedure Act, which recently passed the Cabinet meeting, bans prosecutors from conducting investigations or whether prosecutors no longer have legal authority to investigate. This appears to be with the joint investigation headquarters (Joint Investigation Headquarters) in mind, where the prosecution and police investigate together.
On the afternoon of the 5th, at a briefing on work reports from the Ministry of the Interior and Safety, the Ministry of Justice, and the Ministry of Government Legislation, President Lee asked ministry officials whether prosecutors' investigative authority had been abolished or whether prosecutors were prohibited from investigating.
President Lee asked Minister Jung Sung-ho of the Ministry of Justice, "I haven't read the amended Criminal Procedure Act, but under the amended Criminal Procedure Act, does it say prosecutors must not conduct investigations?" Minister Jung replied, "All legal grounds for investigations have disappeared."
Lee then asked again, "No, the grounds are gone, but does it say they are banned from doing it?" Vice Minister Lee Jin-soo of the Ministry of Justice explained, "It is designed so that prosecutors do not fully exercise investigative authority, and because responsibility is clearly defined, if a prosecutor directly intervenes in an investigation, a controversy over 'illegal investigation' could arise."
Lee appears to have asked to confirm whether the Joint Investigation Headquarters would be maintained. Yoon Ho-jung, Minister of the Interior and Safety, suggested that a 'Prosecution Service Office–Serious Crimes Investigation Office–police (prosecution–serious crimes–police) joint investigation headquarters' could be formed, but Cho Won-cheol, head of the Ministry of Government Legislation, drew a line, saying, "The most fundamental aspect of the amended Criminal Procedure Act is that investigative functions are completely removed from the scope of prosecutors' duties and that investigation and prosecution are completely separated."
Lee said, "The Joint Investigation Headquarters should go in the form of a 'serious crimes–police joint headquarters' led by the Serious Crimes Investigation Office or the police National Office of Investigation (NOI), not the Prosecution Service Office," and added, "From now on, prosecutors will not conduct direct investigations and will only play an advisory role to the extent of legal review, warrant review, and applications."