Prosecutors' Office 'Conditional Referral' Rule... National Police Agency Chief "Judgment Depends on Case"

Nam Gu-jun, Chief of the National Investigation Headquarters, National Police Agency. / Photo by Jin-hyeong Kang aymsdream@

[Asia Economy Reporter Lee Gwan-joo] Regarding the controversial 'conditional transfer (deferred transfer)' regulation of the High-ranking Officials' Crime Investigation Agency (Gong-su-cheo), the police stated that they will make judgments depending on the case.

Nam Gu-jun, head of the National Investigation Headquarters of the National Police Agency, said at a press briefing on the 31st, "I do not think it is a mandatory regulation."

Earlier this month, Gong-su-cheo established procedural rules that included a conditional transfer clause allowing requests to transfer cases involving prosecutors, judges, and police officers of rank superintendent or higher to other investigative agencies after investigation for the purpose of deciding whether to prosecute.

However, the prosecution opposed this, arguing that the right to prosecute cannot be separated when transferring cases. In particular, since it is a Gong-su-cheo regulation, the prevailing opinion is that it has no binding force on external agencies.

Nonetheless, since the police do not have prosecutorial authority, even if they receive cases transferred from Gong-su-cheo, they must complete the investigation and then send the case back to Gong-su-cheo or the prosecution. Head Nam said, "It means that a request can be made, but it is not a regulation that must be followed," adding, "If the investigation involves prosecutors, sending it back to the prosecution may be considered inappropriate, so we will make judgments depending on the case."

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