Prosecutors' Office Reviews Rule: "Police Transfer All Cases After Investigation"

[Asia Economy Reporter Park Hyungsoo] The High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) is preparing a draft of rules on cases and affairs that require all criminal cases involving judges, prosecutors, and police officers of rank superintendent or higher to be transferred to the police and then sent to the prosecution after investigation, and is collecting opinions from related agencies. The intention is that even if a case is transferred to the police, the decision on whether to prosecute judges, prosecutors, and police officers of superintendent rank or higher will be made by Gong-su-cheo, not the prosecution.

According to Gong-su-cheo on the 30th, it is stipulated that Gong-su-cheo can file charges in cases involving judges, prosecutors, and police officers of superintendent rank or higher. However, it is not specified whether Gong-su-cheo’s prosecution rights remain for cases transferred to the police or prosecution.

Gong-su-cheo is also reportedly considering a draft rule that requires police to go through Gong-su-cheo prosecutors when investigating judges and prosecutors and applying for warrants, and to regard the timing of complaints and accusations as the stage of crime recognition, requiring immediate submission of complaint and accusation documents to Gong-su-cheo.

Kim Jin-wook, head of Gong-su-cheo, emphasized Gong-su-cheo’s role as an anti-corruption control tower, using the expression “parting the hair of the case.”

If the draft rules on cases and affairs are finalized, there is a high possibility of backlash from the police, who gained the authority to conclude investigations after the adjustment of investigative rights between prosecution and police, and the prosecution, which monopolized the right to request warrants.

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