Prosecutors have newly included the exercise of public interest authority outside investigation and indictment—such as filing for the dissolution of shell corporations and petitions to cancel declarations of disappearance—in the certified specialist prosecutor categories. As a result, so-called "blue belt prosecutors," specialized in representing the public interest, are expected to appear for the first time.
Some interpret this as a move to maintain the prosecution's public interest representation function in non-investigative areas even after a future transition to a public prosecution office.
According to legal sources, on the 27th the prosecution recently added "public interest representation" to the certified specialist prosecutor categories. It also opened a community on the internal network e-Pros for public interest representation work. The aim is to share case examples and practical know-how on public interest representation handled by each Prosecution Service office.
Public interest representation work refers to the area in which prosecutors, beyond criminal investigations and indictments, exercise authority as representatives of the public interest under individual statutes such as the Civil Act and the Commercial Act. Representative examples include filing for dissolution orders for shell corporations that could be exploited for crime, petitions to commence limited guardianship, and petitions for termination of parental authority.
A recent petition by the Seoul Central District Prosecutors' Office to cancel a declaration of disappearance for a virtual asset investment fraudster—who fled overseas and was deemed dead due to a disappearance ruling—also falls under public interest representation work. Through canceling the disappearance declaration, prosecutors sought to restore the suspect's legal status as alive, then sell the virtual assets purchased with criminal revenue to use for victim compensation. Only the person concerned, interested parties, and prosecutors may file petitions to cancel a declaration of disappearance.
The certified specialist prosecutor system was introduced in 2013 to enhance prosecutors' expertise. It grants certification to prosecutors with expertise in specific fields such as fair trade, anti-corruption, violent crimes, public investigations, forensic investigations, and digital investigations. Depending on the level of expertise, it is divided into the level-2 blue belt and the level-1 black belt.
Blue belt prosecutors are selected through a review based on professional competencies and practical experience. The black belt is awarded to certified specialist prosecutors who already hold a blue belt and are recognized as having the highest level of expertise in the field.
According to related regulations, the prosecution may assign cases in the relevant field to specialist prosecutors first. In practice, the Seoul Western District Prosecutors' Office on this day assigned So Jae-hwan, a Director General prosecutor who holds a blue belt in the "safety accidents" field, as head of the investigation team for the Seosomun overpass collapse case.
The prosecution also added public interest representation to investigators' specialist fields. The certified specialist investigator system, like the certified specialist prosecutor system, grants certification to investigators whose expertise is recognized. It has been in effect since 2016.
Certified specialist prosecutors and certified specialist investigators are selected through a certification review committee held at the end of each year. Accordingly, the first specialist prosecutor and investigator for public interest representation are expected to be decided after review at the end of this year.
The prosecution is also speeding up the systematization of public interest representation work. On the 22nd of last month, it established regulations titled "Guidelines for Handling Public Interest Representation Work." The regulations include designation of dedicated prosecutors and investigators for public interest representation, operation of dedicated teams, case discovery, filing and reporting, and post-review procedures. Inside and outside the prosecution, there is an assessment that these measures are an effort to institutionally preserve the prosecution's public interest representation function even after discussions on transitioning to a public prosecution office.