Prosecutors' Office Rekindles Controversy Over 'Conditional Transfer'... Scheduling Also Faces Difficulties

Investigation into Case No. 1 Begins and Prosecutor General Confirmation Hearing Among Variables... "Will Not Be Easily Coordinated"

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[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Agency (HCIA) has begun coordinating to resume trilateral talks with the prosecution and police. The core agenda is the 'conditional transfer with reserved prosecution rights,' and discussions are expected to progress beyond the introductory level of the first meeting. However, scheduling remains challenging due to variables such as HCIA's first investigation commencement and the confirmation hearing for the Prosecutor General.

According to the legal community on the 12th, HCIA has started reviewing schedules and agendas to hold trilateral consultations with the prosecution and police. Although they have established procedural rules including conditional transfer of prosecution rights, the prosecution continues to oppose them, and there is a high likelihood of disagreements over each case received in the future.

HCIA anticipates more detailed discussions in future consultations. The key point is that for high-ranking official crime cases transferred to other investigative agencies, once those agencies complete their investigations, HCIA will receive the cases back to decide on final prosecution. The prosecution has opposed this, claiming there is "no legal basis."

The prosecution's response to HCIA's move to resume trilateral talks is cold. Despite proposing the formation of a consultative body and holding an introductory meeting, HCIA enacted and publicly disclosed procedural rules detailing conditional transfer of prosecution rights. The prosecution also expresses discomfort over HCIA's internal consideration of a plan to transfer prosecution misconduct cases to the police for investigation, viewing it as a "reduction of investigative authority."

The regulation requiring the police to request search and seizure warrants from HCIA when investigating high-ranking official crime cases is also expected to be contentious. The prosecution has opposed this, arguing it "directly conflicts with the Criminal Procedure Act and could hinder the defense rights of involved parties." HCIA, however, maintains that "the Constitutional Court has clearly recognized the warrant request authority of HCIA prosecutors."

Scheduling coordination is also difficult. HCIA has begun investigating its first case and has not yet completed personnel recruitment, making it difficult to focus on consultations. They have not yet confirmed a representative to attend in place of Deputy Director Yeo Woon-guk. Some expect Deputy Chief Prosecutor Choi Seok-gyu, a former judge, to step in rather than Deputy Chief Prosecutor Kim Seong-moon, who is currently focused on investigations. However, others believe coordination would be smoother if Kim, who has a prosecution background, participates.

The confirmation hearing for the Prosecutor General is another major variable. With the possibility of a new Prosecutor General being appointed soon, it may be burdensome to coordinate sensitive issues beforehand. Therefore, there is talk of scheduling consultations after exchanging opinions following the Prosecutor General's appointment. A lawyer with a prosecution background said, "HCIA has already finalized its stance, but if a Prosecutor General with a pro-government inclination takes office, they might make choices aligned with prosecutorial reform." He added, "In that case, there is concern about internal opposition within the prosecution, so conflicts between the two sides are unlikely to be easily resolved even around the second meeting."

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