Cheongwadae Prepares 'Prosecutors' Office Act Enforcement Decree Amendment' Including Prosecution-Police Investigation Authority Adjustment... Both Prosecution and Police Oppose

Significant Restriction on Prosecutors' Investigation Scope... "Contrary to Higher Law, the Prosecutors' Office Act" Criticism
Controversy Expected Over Clause Requiring Prosecutor General's Approval from Minister of Justice to Initiate Some Investigations
Police Concern "Minister's Approval Allows Investigations Beyond Six Major Crimes, Raising Issues"

[Asia Economy Reporters Seokjin Choi and Gwanju Lee] Ahead of the enforcement of the amended Prosecutors' Office Act, which includes the adjustment of investigative authority between the prosecution and police, scheduled for the 4th of next month, it was reported on the 21st that the Blue House has prepared a draft of the detailed enforcement decree, sparking opposition from both the prosecution and police regarding its contents.

The draft reportedly includes provisions requiring the Minister of Justice's approval for the prosecution to initiate investigations into certain cases, as well as significantly limiting the scope of investigations that prosecutors can commence, which is expected to cause controversy.

According to sources from the Blue House and the Ministry of Justice on the day, the Office of the Senior Secretary for Civil Affairs at the Blue House has prepared a draft amendment to the enforcement decree of the Prosecutors' Office Act and recently sent it to related agencies including the Ministry of Justice.

The draft enforcement decree reportedly restricts the scope of investigations that prosecutors can initiate to ▲public officials of grade 4 or higher ▲corruption crimes involving bribes of 30 million won or more ▲drug smuggling crimes, among others.

The prosecution will only be able to investigate these cases, while crimes involving public officials of grade 3 or higher will be handled by the Corruption Investigation Office for High-ranking Officials, and crimes involving public officials of grade 5 or lower, corruption crimes involving bribes under 30 million won, and drug possession offenses will fall under the police's investigative authority.

Meanwhile, the amended Prosecutors' Office Act defines the scope of crimes that prosecutors can initiate investigations into as "important crimes (six major crimes) determined by Presidential Decree, including corruption crimes, economic crimes, public official crimes, election crimes, defense industry crimes, and major disasters," without restricting the investigation targets or ranks.

In other words, the enforcement decree currently being prepared is expected to face opposition from the prosecution for "excessively narrowing the scope of prosecution investigations contrary to the intent of the superior law."

Additionally, the draft enforcement decree reportedly includes a provision requiring the Prosecutor General to obtain approval from the Minister of Justice when attempting to initiate investigations into cases that are serious or involve harm to a large number of citizens.

This has raised concerns that it could undermine the political neutrality of the prosecution and conflict with Article 8 of the Prosecutors' Office Act, which states that "the Minister of Justice supervises and directs only the Prosecutor General regarding specific cases."

A current chief prosecutor, Mr. A, expressed concern, saying, "Whether to initiate an investigation depends on the Minister's convictions, so it is questionable whether neutral and fair investigations can be guaranteed."

A police official also pointed out, "Allowing the prosecution to investigate cases outside the six major crimes if approved by the Minister of Justice goes beyond legal delegation and could lead to a situation where any investigation requires approval."

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