The so-called 'judicial reform' bill proposed by the Democratic Party of Korea aims to transfer the investigative power of the prosecution to the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety, while leaving only the prosecution power within the Public Prosecutors' Office under the Ministry of Justice. The Democratic Party plans to finalize the government organization law amendment in a high-level government party meeting with the government and the presidential office on the 7th.
There have been several criticisms regarding this bill from the legal community. These include concerns that the Ministry of the Interior and Safety, which lacks expertise in criminal justice, will have difficulty properly overseeing the Serious Crimes Investigation Agency, that the Ministry of the Interior and Safety will monopolize investigative powers by having both the Korean National Police Agency and the Serious Crimes Investigation Agency under its jurisdiction, and that the separation of investigation and prosecution could hinder the effective punishment of crimes.
Recently, additional criticisms have emerged. It has been noted that 'if the Democratic Party's bill is confirmed as it is, it could become an obstacle to apprehending serious criminals who have fled overseas.'
Currently, the responsibility for extraditing criminals lies with the Ministry of Justice, the Supreme Public Prosecutors' Office, and the Ministry of Foreign Affairs. First, if the investigating prosecutor determines that extradition is necessary, they request cooperation from the Ministry of Foreign Affairs through the Supreme Public Prosecutors' Office and the Ministry of Justice. Subsequently, the Ministry of Foreign Affairs submits documents for extradition to the relevant country. Based on this, if the local court issues an arrest warrant, the Korean investigative agency will apprehend the suspect and bring them back to Korea.
A legal expert with experience at the Ministry of Justice said, 'If the prosecution functions are separated as per the Democratic Party's bill, between the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety and the Public Prosecutors' Office under the Ministry of Justice, the extradition process could become complicated.'
According to the Democratic Party's bill, the extradition request would go through the Serious Crimes Investigation Agency, the Ministry of the Interior and Safety, and the Ministry of Justice before reaching the Ministry of Foreign Affairs.
However, there could be legal issues if the Serious Crimes Investigation Agency directly submits extradition requests. In order for a foreign court to issue an arrest warrant for extradition, there must be a request from a Korean prosecutor. This is because the right to request a warrant is granted only to prosecutors under our constitution. Consequently, there are concerns that foreign courts may find it difficult to recognize the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety as equivalent to the Ministry of Justice or the prosecution.
Additionally, there may be difficulties in the process where the Ministry of Justice reviews extradition requests from the Serious Crimes Investigation Agency. The Ministry of Justice, which is not involved in the investigation phase at all, may struggle to make judgments based solely on the records from the Serious Crimes Investigation Agency.
Meanwhile, the number of serious criminals brought back to Korea through extradition requests has been steadily increasing. In 2022, there were 70 cases, followed by 96 in 2023 and 180 in 2024, showing an increase of over 2.5 times in just three years. There are indications that if this trend continues, the number could already exceed last year's levels, as there have been 140 cases from January to July this year.
The reason for the increasing cases of apprehending serious criminals through extradition requests is attributed to the rise in international crimes such as hacking, voice phishing, drug offenses, and cryptocurrency scams. Koreans may flee overseas after committing crimes, or foreigners may participate in crimes while evading Korean law enforcement.
Last month, the Ministry of Justice brought a suspect, identified as 'Mr. A', who is alleged to have embezzled 38 billion won from famous individuals' financial accounts and virtual asset accounts, including BTS member Jungkook and corporate executives, from Thailand to Korea. This was just four months after the prosecution began its investigation of 'Mr. A.'
A legal expert specializing in drug cases noted, 'The prosecution has been operating a consultative body with overseas investigative authorities for at least 10 years, sharing real-time crime information and cooperating in investigations to establish an extradition system.' They questioned, 'Can other agencies acquire such expertise in a short period?'