100 Days of the Public Corruption Investigation Office... Escaped Existential Crisis but Lost Trust

Escape from Constitutional Complaint Crisis... Urgent Internal System Overhaul Needed for Coordination of Investigative Agencies' Disagreements and Insufficient Investigation Capacity

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Unit (HCIC), launched on January 21, marked its 100th day on the 30th. With its staff not yet fully recruited and the provisions for case transfers between investigative agencies still unresolved, all cases that have effectively come under the HCIC's jurisdiction are facing sensitive situations. The HCIC plans to initiate a turning point soon, starting with the public announcement of its first investigation.

On the 29th, a day before the 100th day since its launch, the Constitutional Court dismissed a constitutional complaint challenging the revised "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Unit (HCIC Act)" that nullified the opposition party's veto power, ruling it unconstitutional. This decision followed the ruling party, the Democratic Party of Korea, passing an amendment last December that reduced the quorum for the HCIC Chief Candidate Recommendation Committee, composed of seven members, from six to five, which is two-thirds, thereby easing the approval requirements.

On that day, the Constitutional Court stated, "The provisions related to the recommendation of the HCIC Chief Candidate concern the authority of negotiation groups to participate in the composition of state institutions and do not affect the legal status of the petitioners," adding, "Since there is no recognition of possible infringement of fundamental rights, the petition is deemed inadmissible." This allowed the HCIC to overcome its second existential crisis.

Earlier, in January, the Constitutional Court had dismissed a constitutional complaint pointing out the unconstitutionality of the HCIC Act. The complaint, filed by members of the United Future Party in February last year, argued that the HCIC, which claims to be an independent body from the government, violates the principle of separation of powers.

Although the crisis has been averted, it is expected that more time is needed before full-scale activities can commence. A major reason is that the procedural rules governing the exercise of the HCIC's investigative authority have not yet been established. Previously, the HCIC included in the draft procedural rules a provision allowing "prosecutorial discretion in case transfers" for crimes involving judges, prosecutors, and senior police officials, which led to conflicts with the prosecution.

In fact, the Suwon District Prosecutors' Office's investigation team on the "Kim Hak-eui illegal travel ban" case and the HCIC showed sharp differences over investigative and prosecutorial authority while exchanging cases related to Seoul Central District Prosecutor Lee Seong-yoon and Prosecutor Lee Gyu-won. Although Chief Kim chose the option of "prosecutorial discretion in case transfers" for cases transferred from the prosecution, the investigation team opposed this, arguing that the HCIC could no longer exercise investigative and prosecutorial authority.

During this process, controversies over preferential treatment of Prosecutor Lee Seong-yoon continued. The issue arose when Lee used Chief Kim's official vehicle during a visit to the HCIC. The HCIC attempted to clarify by stating that it provided a vehicle for the chief that is used for transporting suspects and whose rear door cannot be opened, but this was contradicted by facts, leading to the eventual filing of complaints against those involved.

The investigative capacity is also considered a concern. Of the 23 authorized prosecutors, only 13 have been recruited, and of the 30 authorized investigators, only 20 have been selected. Moreover, among the 13 prosecutors, eight come from law firms, and only four have experience as prosecutors with investigative backgrounds. In response to such criticism, Chief Kim referenced Leonardo da Vinci's "The Last Supper," retorting, "Did not the 13, including fishermen from Galilee who were almost illiterate, change the world?"

Legal circles expect the HCIC to initiate a turning point soon by publicly announcing its first investigation. Currently, the HCIC is reviewing the complaints and accusations received by dividing the 13 prosecutors into two teams. A lawyer formerly with the prosecution said, "Rather than rushing into investigations, it might be more important to first organize internal systems such as procedural rules and personnel reinforcement," adding, "Since the first investigation will effectively indicate the HCIC's future course, a cautious approach is necessary."

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