April's 'First Investigation' Canceled... Kim Jin-wook: "Trial and Error, Difficulties... Will Overcome Generously"

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Office (HCIO) failed to initiate its first investigation in April. Earlier, HCIO Chief Kim Jin-wook expressed his intention to start investigating the first case within April, but due to controversies over case transfer provisions between investigative agencies and personnel appointments, it is expected to take more time before full-scale operations begin. Chief Kim is also focusing on internal cohesion by conducting capacity-building training for prosecutors and investigators.

The HCIO, which was launched on January 21, has reached its 100th day since inception. It has yet to fill its full staff, and the case transfer provisions between investigative agencies have not been coordinated, leaving all cases transferred to the HCIO in a sensitive situation. However, Chief Kim emphasized to the staff the "pride and sense of mission as the inaugural members of the HCIO." He urged them not to forget the sense of mission, saying, "The path the inaugural HCIO takes is a path our history has never walked before."

Of course, he also acknowledged the concerning views from outside. "The public's 25-year-long wish to eradicate corruption in the public service ultimately led to the birth of our office after many twists and turns, so there were high expectations and also some concerns," he said. "Since we proceeded by preparing things one by one without the necessary conditions in place, there were trial and errors, and it was twice as difficult compared to other organizations," he added.

The threat of abolition has been completely removed. On the 29th of last month, one 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 Office (HCIO Act)" that nullified the opposition party's veto power, ruling it constitutional. This followed the ruling party, the Democratic Party of Korea, passing an amendment in December last year that reduced the quorum for the HCIO Chief Candidate Recommendation Committee, composed of seven members, from six to five (two-thirds), easing the approval requirements.

On that day, the Constitutional Court pointed out that "the provisions related to the recommendation of the HCIO Chief candidates concern the authority of negotiation groups to participate in the composition of state institutions and do not affect the legal status of the petitioners," and "since there is no recognition of possible infringement of fundamental rights, the petition is inadmissible," allowing the HCIO to overcome its second existential crisis.

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

Although the crisis has been averted, more time is expected before full-scale activities begin. A major reason is that the procedural rules outlining the direction of the HCIO's exercise of investigative authority have not yet been established. Previously, the HCIO included in the draft procedural rules a provision allowing "conditional transfer of prosecution rights" for crimes committed by judges, prosecutors, and senior police officials, which caused conflicts with the prosecution.

In fact, the Suwon District Prosecutors' Office's investigation team on the "Kim Hak-ui illegal travel ban" case and the HCIO 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. Chief Kim chose the "conditional transfer" option for cases transferred from the prosecution, but the investigation team opposed, arguing that the HCIO can no longer exercise investigative and prosecutorial authority.

During this process, controversy over preferential treatment of Prosecutor Lee Seong-yoon continued. It became an issue that he used Chief Kim's official car during his visit to the HCIO. The HCIO tried to clarify by stating that it provided a chief's vehicle used for suspect transport with a locked rear door, but this was contradicted, leading to the eventual filing of complaints against related personnel.

Investigative capacity is also cited as a concern. Of the 23 authorized prosecutors, only 13 have been selected, and of the 30 authorized investigators, only 20 have been hired. 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 uneducated, change the world?"

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

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