Legislative Notice of Organizational Restructuring Plan... Removal of Justice Minister Approval Clause for Direct Prosecution by Prosecutors (Comprehensive)

General Criminal Division Also Investigates Economic Crimes
Anti-Corruption Investigation Unit Established at Busan District Prosecutors' Office
Step Back Amid Prosecutors' Opposition
Park Beom-gye: "Extension of Investigation Authority Reform"

Minister of Justice Park Beom-gye is saluting the national flag at the Cabinet meeting held at the Government Seoul Office in Jongno-gu, Seoul, on the 15th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Kim Hyung-min] The final version of the prosecution organization reform plan, which had been controversial due to restrictions on direct investigations by the prosecution and the requirement of ministerial approval for certain investigations, has been prepared. The clause requiring ministerial approval for the Criminal Division to initiate direct investigations, which faced strong opposition from the prosecution, has been removed.

On the 18th, the Ministry of Justice announced the legislative notice for the amendment to the "Regulations on the Organization of the Prosecutor's Office (Presidential Decree)" regarding the prosecution organization reform plan and decided to collect opinions from related agencies such as the Ministry of Justice and the Supreme Prosecutors' Office by the 22nd. Once the amendment passes the State Council meeting, it will be implemented immediately. However, it is unlikely to be submitted at the State Council meeting scheduled for the 22nd.

The amendment reflects a concession by the Ministry of Justice, which had a conflict of opinions with the Supreme Prosecutors' Office. The condition requiring the Minister of Justice's approval for direct investigations was withdrawn. Additionally, direct investigations into economic crimes by the Criminal Division were allowed.

In local prosecutors' offices without an Anti-Corruption Investigation Division, the last section of the Criminal Division can conduct direct investigations into six major crimes with prior approval from the Prosecutor General.

The Anti-Corruption Investigation Divisions 1 and 2 of the Seoul Central District Prosecutors' Office have been merged into the Anti-Corruption and Violent Crime Investigation Divisions 1 and 2, focusing on direct investigation cases. The Violent Crime Criminal Division has been converted into the Anti-Corruption and Violent Crime Investigation Cooperation Division, responsible for supplementary investigations of major police cases such as warrant reviews and transferred cases.

Following the opinion of the Supreme Prosecutors' Office, an Anti-Corruption and Violent Crime Investigation Division will also be established at the Busan District Prosecutors' Office. Currently, Busan District Prosecutors' Office only has a Violent Crime Criminal Division without an Anti-Corruption Investigation Division, but the anti-corruption investigation function has been added at the request of the Supreme Prosecutors' Office.

The amendment also establishes Human Rights Protection Divisions in eight local prosecutors' offices nationwide, including the Seoul Central District Prosecutors' Office, to strengthen the protection of citizens' human rights. The Human Rights Protection Division will handle judicial control tasks such as requesting supplementary investigations or re-investigations of the police.

The Financial Securities Crime Investigation Cooperation Unit included in the Ministry of Justice's initial draft was not included in this enforcement decree as it is not a formal organization. It is expected to be newly established at the Seoul Southern District Prosecutors' Office as a non-formal organization during the detailed division of duties process in the future.

The original draft prepared by the Ministry of Justice stipulated that when direct investigations are conducted at small branch offices, a temporary organization would be formed under the approval of the Minister of Justice at the request of the Prosecutor General. This sparked criticism inside and outside the legal community that it would undermine the political neutrality and independence of the prosecution.

The Supreme Prosecutors' Office officially expressed opposition on the 8th. At that time, the Supreme Prosecutors' Office emphasized, "The ministerial approval part seriously undermines the political neutrality and independence of the prosecution and has various problems, so it is difficult to accept," adding, "Most prosecutors at the field offices have also expressed concerns."

It also stated, "We judge that it is absolutely necessary to establish an Anti-Corruption Investigation Division at the Busan District Prosecutors' Office, the second largest city in our country, to maintain the prosecution's anti-corruption response capabilities."

Meanwhile, Park Beom-gye, Minister of Justice, appeared before the National Assembly's Legislation and Judiciary Committee on the same day and said, "The organization reform plan is an adjustment in line with the extension of the investigative authority reform previously reflected in the same law, aiming to protect human rights and judicial control, and within that content, the spirit of separation of investigation and prosecution is also being prepared."

The revised organization reform plan is also expected to be reflected in the upcoming mid-level prosecutor personnel reshuffle. Minister Park expressed his intention to coordinate opinions by meeting soon with Prosecutor General Kim Oh-soo. Minister Park said the day before, "There is no rule that we must meet on weekdays. If I say this week, it includes Sunday as well," adding, "There are several issues, and I need to hear opinions on personnel matters."

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