Justice Minister Choo Mi-ae Orders "Prosecutors Must Obtain Prior Approval When Forming Special Units"
[Asia Economy Reporter Kim Hyung-min] Minister of Justice Chu Mi-ae has instructed the prosecution office to obtain prior approval from the Ministry of Justice when establishing separate investigative organizations. In other words, permission from the Ministry of Justice must be obtained to establish and operate entities such as 'special investigation units.'
The Ministry of Justice explained that this is part of implementing prosecution reform measures, including reducing direct investigations, but the prevailing analysis is that it aims to limit the investigative discretion of the Prosecutor General.
On the 10th, the Ministry of Justice stated, "Minister Chu has specially instructed the Supreme Prosecutors' Office to obtain the Minister's prior approval only in urgent and unavoidable cases when establishing non-statutory investigative organizations."
"According to the regulations on the organization of the prosecution office, separate non-statutory investigative organizations (regardless of names such as investigation units or investigation teams) that are not subordinate organizations of the prosecution office should not be established or operated," and added, "Even in exceptional cases where urgent and unavoidable establishment is necessary, approval must be obtained from the Minister of Justice, who is the highest supervisor of personnel and organizational matters of the prosecution."
The Ministry of Justice plans to include this content in future revisions of the 'Regulations on the Organization of the Prosecution Office' and the 'Prosecution Work Rules.' This will not be applied retroactively, and existing non-statutory investigative organizations will be maintained as they are. Currently, the Supreme Prosecutors' Office separately operates the 'Sewol Ferry Special Investigation Unit' (headed by Im Gwan-hyeok, Ansan Branch Chief).
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