This article was published on the ChosunBiz RM Report site at 3:26 p.m. on Aug. 12, 2026.
With the revised Criminal Procedure Act, which bars prosecutors from conducting direct investigations as well as supplementary investigations, set to take effect in October, changes are expected in the criminal defense market. Even if the police's primary investigation is insufficient, prosecutors can only request a supplementary investigation, while any actual additional investigation will be handled by the police.
The legal community expects that, as a result, the importance of the police investigation phase will grow in complaint cases where victims seek the perpetrator's punishment. In the past, there were not few cases in which victims filed complaints on their own, but going forward, more people may seek an attorney from the complaint-drafting stage.
This is because the victim's side may need to proactively fill evidentiary or legal gaps from the outset of an investigation—gaps that prosecutors used to address through supplementary investigations. As a result, demand for criminal specialists and the workload per case are expected to increase, which could, in the long term, affect retainers.
◇ "From the complaint, hire a lawyer"... Police investigations gain importance
The legal community expects that after the abolition of prosecutors' investigative authority, the initial police investigation will carry more weight in determining the direction of complaint cases. It will become even more important to thoroughly organize the facts early in a case and present the necessary evidence and legal theories.
Park Min-gyu, managing attorney at Law Firm Anpak, said, "Prosecutors' investigations served as a 'last bastion' to make up for shortcomings at the earlier police stage," adding, "If cases are not properly handled at the police stage going forward, it may be hard to reverse them, which could increase the burden on victims."
In particular, the practice of victims drafting complaints on their own and submitting them to the police may change. To clearly organize issues and evidence from the start, more people may retain attorneys.
Attorneys' roles are also expected to grow. The need will increase not only to draft complaints but also to systematically submit evidence to investigators and actively explain the issues and applicable legal theories through opinion letters and other materials.
The workload on police is another variable. If the police take on supplementary investigations that prosecutors previously handled, investigators' workloads may increase. In that case, victims may have stronger incentives to submit evidence or legal opinions more proactively through attorneys.
◇ "Limited impact on case outcomes"... Victims' burdens may still grow
Others say that even without prosecutors' supplementary investigations, the actual outcomes of criminal cases may not change much. Even when supplementary investigations occurred, there were not many instances in which the broad direction or outcome set at the police stage was overturned.
Gwak Jun-ho, managing attorney at Law Firm Cheong, said, "It was rare for an entire case to suddenly change just because a supplementary investigation was conducted," noting, "In practice, the institutional change may have a limited impact on case proceedings or outcomes."
However, observers note that the burden felt by parties could increase. Until now, even if the police investigation was insufficient, there was an expectation that prosecutors would review and supplement the case file, but going forward there may be a need to respond more proactively from the initial police stage.
Gwak said, "If the step in which prosecutors take another look at the police investigation disappears, individuals may feel psychological anxiety," adding, "Cases that previously would have been pursued alone may now go through attorneys, increasing reliance on them."
The role of attorneys could grow especially in cases such as fraud, embezzlement, or breach of trust, where the facts are complex or the records are voluminous. That is because it may become important for the victim's attorney to select the materials and issues the investigative authorities should review and to organize the legal theories.
◇ Even if attorneys get more work, whether retainers will rise is "uncertain"
If demand for retaining attorneys increases, changes are also expected in the criminal case market. In particular, there is talk that demand may grow for former police officers who are now attorneys familiar with police procedures, or for criminal specialists.
Attorneys' workloads per case may also increase. If they must craft complaints and evidence files more precisely from the start of the police investigation and submit additional opinions and materials as the case proceeds, the time and personnel devoted to each case will grow.
Jeong Ju-seong, managing attorney at Law Firm Chowon, said, "I think changes in retainers are more likely to appear gradually over time than immediately," adding, "While attorneys' workloads may increase as the system changes, we should watch a bit longer to see the market impact."