The Corruption Investigation Office for High-ranking Officials assigned the complaint alleging dereliction of duty by Min Joong-ki's special counsel team to the Fourth Investigation Division (chief prosecutor Cha Jeong-hyeon) and decided to launch an investigation. The CIO said it determined that a prosecutor from the Prosecutors' Office dispatched to the special counsel falls under the scope of subjects of investigation under the CIO Act.
The CIO said in a media notice on the 19th that it assigned the complaint alleging dereliction of duty against Min and others on the special counsel to the Fourth Investigation Division. It noted this followed an internal legal review on whether the CIO can investigate even prosecutors dispatched to the special counsel, which is a separate body.
Earlier, on the 17th, the Korean National Police Agency's special task investigation team referred to the CIO a case related to allegations that Min's special counsel team, despite obtaining testimony about receiving money and valuables from the Unification Church side, investigated only politicians from the People Power Party. The referral included a complaint alleging the investigation was conducted in a biased manner even though there was testimony to the effect that a politician from the Democratic Party of Korea also received money and valuables.
Citing Article 25(2) of the CIO Act, the police transferred the case on the grounds that when another investigative agency discovers a prosecutor's suspected crime, it must refer the case to the CIO, and thus a dispatched prosecutor should be investigated by the CIO. Immediately after the referral, the CIO said it needed to review internal rules and did not immediately confirm whether it would open an investigation.
After internal discussions that day, the CIO said that even if a prosecutor under the Prosecutors' Office Act is dispatched to the special counsel, the prosecutor retains their status and performs investigation, indictment, and prosecution maintenance duties. In this light, it said a dispatched prosecutor can be viewed as a subject of CIO investigation.
However, the CIO explained that the special counsel and assistant special counsel are not specified as subjects of investigation under the CIO Act, and considering precedents that the special counsel has a status and position distinct from prosecutors, they are not subjects of investigation. It added, however, that it is possible to investigate the special counsel as a co-offender in relation to allegations such as a dispatched prosecutor's dereliction of duty.
The CIO Act provides that crimes by a person in a co-principal relationship with a high-ranking official can be investigated as related crimes.
The CIO received the case after the Korean National Police Agency National Office of Investigation's special task investigation team referred it on the 16th, transferring a complaint alleging dereliction of duty against Min's special counsel and an unnamed prosecutor affiliated with the Kim Keon-hee special counsel.
Earlier, on the 11th, People Power Party lawmaker Cho Bae-sook and others filed a complaint with the Seoul Metropolitan Police Agency alleging that Min's special counsel failed to properly investigate despite discovering suspected bribery related to a Democratic Party of Korea politician. The police said they referred the case in consideration of the inclusion of a dispatched prosecutor in the complaint and noted that whether to investigate the referred case depends on the CIO's legal interpretation.