Abolishment of 13 Direct Investigation Units... Prosecution Becomes a 'Passive' Investigative Agency

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] As the Ministry of Justice pushes forward a 'prosecutorial organization reform plan' that abolishes and converts 13 direct investigation units of the prosecution, analyses suggest that the prosecution, which had been actively operating until recently, will effectively become a passive investigative agency. This is the so-called 'passivization' of the prosecution.

This means that the prosecution will no longer be able to decide the start or conclusion of investigations on its own, and legal circles are expected to continue debating this issue.

On the 13th, the Ministry of Justice announced the prosecutorial organization reform plan, stating, "We have decided to convert 13 prosecutorial units mainly responsible for direct investigations, such as the Anti-Corruption Investigation Division and the Public Investigation Division, into Criminal Divisions and Trial Divisions."

Once converted, these 13 units will strictly work based on complaints and accusations coming from outside and according to trials. The Criminal Division mainly handles cases reported by criminal victims, while the Trial Division manages tasks necessary for trials to ensure appropriate sentencing for defendants. Due to their nature, prosecutors in these divisions cannot conduct arbitrary investigations. This differs somewhat from the Anti-Corruption Investigation Division and Public Investigation Division, which directly investigated socially controversial matters.

Thus, the 13 prosecutorial units will be completely transformed into divisions with opposite characteristics. The influence the prosecution has had on our society will naturally change as well. The Ministry of Justice explained that this decision is "essential to reduce the prosecution's direct investigations and to focus more on investigating civil cases directly related to the human rights and daily lives of the people, as well as maintaining prosecutions."

Particular emphasis was placed on reorganizing the Seoul Central District Prosecutors' Office, which handles the largest cases nationwide. This office has been conducting investigations starting with former Minister of Justice Cho Kuk and his family's corruption, and recently targeting the Blue House. However, as the Ministry of Justice pushes the organizational reform, there is a possibility that investigations may be hindered.

According to the reform plan presented by the Ministry of Justice, among the four Anti-Corruption Investigation Divisions at the Seoul Central District Prosecutors' Office, the 3rd and 4th divisions will be converted into the Criminal Division and Trial Division, respectively. In particular, the 4th division will be reorganized under the Special Trial Team 2, which handles judicial farming scandals, and will operate as the Special Trial Division.

The Anti-Corruption Investigation Division was the unit that investigated allegations related to former Minister of Justice Cho Kuk and his family. The Anti-Corruption Investigation Division 2 handed over Cho Kuk, his wife, and his brother to trial at the end of last year and is currently focusing on maintaining the prosecution.

The Anti-Corruption Investigation Division is also handling investigations into allegations surrounding the merger process of Samsung C&T and Cheil Industries. The 4th Anti-Corruption Investigation Division has recently accelerated investigations by summoning former Samsung C&T CEO Kim Shin and former Samsung Future Strategy Office President Kim Jong-jung, among others, who are considered 'upper-level' figures.

The Public Investigation Division will be reduced from three to two units. This division is investigating allegations of 'ordered investigations and election interference' involving the Blue House. The Public Investigation Division 2 is conducting intense investigations targeting the government and ruling party, including attempting to search the Blue House Secretariat for Autonomy Development.

The Foreign Affairs Division will also be converted into a Criminal Division, and the General Affairs Division will be changed into a Trial Division. The Tax Crime Investigation Division and the Science and Technology Crime Investigation Division will be converted into Criminal Divisions along with the Food and Drug Investigation Division of the Seoul Western District Prosecutors' Office.

Minister of Justice Choo Mi-ae is arriving at the Ministry of Justice in the Government Complex Gwacheon, Gyeonggi Province, on the 8th, when the Prosecutor Personnel Committee is scheduled to take place. Photo by Kim Hyun-min kimhyun81@

The Ministry of Justice explained the background of the reform, stating, "As the prosecution has concentrated its capabilities on high-profile cases, the number of prosecutors in the Criminal and Trial Divisions has been relatively insufficient, and the workload has been excessive, leading to an increase in unresolved civil cases and serious damage to the public." It added, "With the establishment of the Corruption Investigation Office for High-ranking Officials and adjustments to investigative authority, rapid changes in the investigative environment require follow-up measures, and the organizational reform is an unavoidable task to prepare for this."

The Ministry of Justice plans to soon submit a revision bill to the State Council to amend the presidential decree on the 'Regulations on the Organization of the Prosecutors' Office' for the reform. Considering procedures such as legislative notice, it is highly likely that the bill will be submitted and approved at the State Council meeting on the 21st. The Ministry of Justice stated, "We will promptly proceed with the organizational reform after hearing opinions from the Supreme Prosecutors' Office, including frontline prosecutors' offices, and consulting with the Ministry of the Interior and Safety."

This content was produced with the assistance of AI translation services.