The task force on prosecution reform under the Office of the Prime Minister said on the 12th that it will work to have the bills on the Office of Public Prosecution and the Serious Crimes Investigation Agency handled at a plenary session of the National Assembly in February. The title of the head of the Office of Public Prosecution was set as "prosecutor general," not "chief of the Office of Public Prosecution." The reason is that the Constitution specifies the prosecutor general, making it hard to change.
Deputy Director No Hye-won of the task force on prosecution reform said at a press briefing on the bills for the Office of Public Prosecution and the Serious Crimes Investigation Agency, held at the annex in Changseong-dong of Government Complex Seoul in Jongno District, Seoul, that during the public notice period through the 26th, the government will gather the public's views concisely and work closely with the National Assembly so the bills can pass in February.
With last year's revision to the Government Organization Act, the Prosecution Service will be abolished on Oct. 2, and the Office of Public Prosecution and the Serious Crimes Investigation Agency will be newly established. The task force on prosecution reform said the bill must be passed quickly for the two agencies to launch normally on Oct. 2.
◇ Establishing the Supreme Office of Public Prosecution, high office of public prosecution, and local office of public prosecution
Under the two bills prepared by the government, the function of filing and maintaining indictments held by the existing prosecution will go to the Office of Public Prosecution under the Ministry of Justice, and the function of investigating serious crimes will go to the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety (MOIS). The Serious Crimes Investigation Agency's jurisdiction covers the "nine major serious crimes": corruption, economic, public officials, elections, defense procurement, major disasters, narcotics, insurrection, foreign exchange, and cybercrimes.
The title of the head of the Office of Public Prosecution was decided as "prosecutor general," not "chief of the Office of Public Prosecution." Article 89 of the Constitution specifies "appointment of the prosecutor general" as a matter requiring deliberation by the State Council, making it difficult to abolish the prosecutor general. Deputy Director No said, "We determined there was no need to create controversy by changing a constitutional title. Substance matters."
According to the Office of Public Prosecution bill, the organization will consist of the Supreme Office of Public Prosecution, high offices of public prosecution, and local offices of public prosecution. These correspond to the Supreme Court, high courts, and district courts. Also, the Supreme Office of Public Prosecution may have a deputy chief prosecutor, among other posts, so the titles for prosecutors are similar to now. The duties of prosecutors at the Office of Public Prosecution are limited to "filing and maintaining indictments," with "criminal investigation" and "initiation of investigations" removed from the duties of prosecutors at the Prosecution Service.
◇ "Serious Crimes Investigation Agency's investigation magistrates and specialized investigators are not in a superior-subordinate relationship… there is no command or supervision"
Personnel at the Serious Crimes Investigation Agency will be divided into "investigation magistrates," who hold attorney licenses, and "specialized investigators," who are non-lawyers. While some note this resembles the current prosecution structure divided into prosecutors and investigators, Deputy Director No said, "Investigation magistrates and specialized investigators are not in a superior-subordinate relationship."
Deputy Director No also said, "There is criticism that investigation magistrates are a 'second prosecutor,' but the same provisions guaranteeing the status of prosecutors do not apply as-is," adding, "Dismissal for disciplinary reasons is also possible." No went on, "Investigation magistrates, specialized investigators, and judicial police officers are not fundamentally different," and said, "There is no arrangement where certain tasks can be performed only by investigation magistrates, or where they command and supervise."
Specialized investigators at grade 5 or higher may transfer to investigation magistrate if, after an exam, they are deemed to have legal knowledge above a certain standard. Mandatory retirement ages are 65 for the head of the Serious Crimes Investigation Agency, 63 for investigation magistrates, and 60 for specialized investigators. The Office of Public Prosecution bill sets the prosecutor general's mandatory retirement at 65 and other prosecutors' at 63.
◇ Compensation to avoid pay losses when prosecution personnel transfer to the Serious Crimes Investigation Agency
The government plans to staff the Serious Crimes Investigation Agency with 3,000 people. To do so, some of the roughly 2,300 prosecutors and roughly 6,000 prosecution investigators will need to transfer to the agency. A special provision in the supplementary rules of the bill allows personnel belonging to the prosecution to be appointed to the Serious Crimes Investigation Agency.
For prosecutors or prosecution investigators belonging to the Prosecution Service to transfer to the Serious Crimes Investigation Agency, they must first resign from the Prosecution Service and then be newly hired by the agency. During this process, they may incur financial losses, such as lower compensation. For this reason, the supplementary rules of the bill include measures to compensate prosecution alumni so they do not suffer losses in pay.
The government plans to establish the Serious Crimes Investigation Agency in six locations where high prosecutors' offices are located (Seoul, Suwon, Busan, Daegu, Daejeon, Gwangju). It estimated the number of cases investigated annually at 20,000 to 30,000.
◇ The Serious Crimes Investigation Agency must notify Office of Public Prosecution prosecutors when an investigation begins
Under the bill for the Serious Crimes Investigation Agency, when investigation magistrates and specialized investigators initiate an investigation, they must promptly notify a prosecutor at the Office of Public Prosecution of the investigative matters.
Task force chief Yun Chang-ryeol (Minister of the Office for Government Policy Coordination) said about the notification clause, "Some may think the Office of Public Prosecution will control the Serious Crimes Investigation Agency, but that is not true," adding, "We plan to include a rule for registering only minimal information in the judicial information system 'KICS' so it is transmitted automatically."
Whether to allow Office of Public Prosecution prosecutors to request supplementary investigations in cases investigated by the Serious Crimes Investigation Agency, the police, and others will be discussed during the amendment process for the Criminal Procedure Act.