Intensifying Public Prosecutor and Police Conflicts... Overlapping Investigations and 'Passing Over' Controversies

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The conflict between the High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) and the prosecution is repeating once again. Following the intensified dispute over prosecution rights around the launch of Gong-su-cheo, the disagreement over the 'investigation rights for prosecutor misconduct' remains unresolved. With overlapping investigations by both agencies occurring, there are calls for a working-level consultative body to find common ground.

The issue began with the prosecution's interpretation of Article 25, Paragraph 2 of the Gong-su-cheo Act. The prosecution requires that when a prosecutor's high-ranking official crime suspicion is discovered, the case should be transferred to Gong-su-cheo. However, the Supreme Prosecutors' Office interprets "discovery of criminal suspicion" as the investigative agency confirming the existence of criminal suspicion through investigation or other means.

According to documents from Rep. Song Kiheon of the Democratic Party, titled "Review of High-ranking Official Crime Cases of Prosecutors Subject to Gong-su-cheo Transfer," it states, "If there is no necessity or value for investigation, or if there is insufficient evidence to prove the suspicion at the time the investigation is completed, resulting in a non-prosecution decision such as no charges, it cannot be considered a case subject to transfer to the investigative agency (Gong-su-cheo)."

Gong-su-cheo has expressed that it cannot accept this stance. Considering that the establishment of Gong-su-cheo was to prevent the prosecution from 'protecting their own,' it argues that prosecutor misconduct cases should be primarily handled by Gong-su-cheo. Kim Jin-wook, head of Gong-su-cheo, stated at a press briefing last month, "The original text of Article 25, Paragraph 2 of the Gong-su-cheo Act, which mandates the transfer of prosecutor misconduct cases to Gong-su-cheo, stipulates exclusive jurisdiction." Gong-su-cheo is even considering discussing with the Ministry of Justice to establish legal provisions regarding investigation rights over prosecutor misconduct.

Legal circles expect the conflict between Gong-su-cheo and the prosecution to continue for the time being. Although Gong-su-cheo announced in May that it would promote a five-party consultative body including the prosecution, police, coast guard, and the Ministry of National Defense's prosecution unit, no results have been achieved yet.

There are criticisms that overlapping investigations waste investigative and administrative resources. In the illegal departure ban case involving former Deputy Minister of Justice Kim Hak-ui, Gong-su-cheo has launched an investigation into Moon Hong-sung, head of the Anti-Corruption and Violence Division at the Supreme Prosecutors' Office in 2019, including Prosecutor Lee Seong-yoon of the same division, who were heavily involved.

This case was previously "conditionally transferred" by Gong-su-cheo to the prosecution in March this year. The Suwon District Prosecutors' Office, which has been investigating the case, maintains that "since Gong-su-cheo already transferred the case to the prosecution, there is no corresponding case at Gong-su-cheo, so it does not constitute a duplicate case," and refuses further transfer.

Meanwhile, delays in cooperation between investigative agencies are significantly affecting the speed of Gong-su-cheo's investigations. In the first case handled by Gong-su-cheo, the "illegal special hiring suspicion of dismissed teachers" involving Superintendent Cho Hee-yeon, suspects have not been summoned for questioning, and the case involving former Prosecutor General Yoon Seok-youl has stalled at the registration stage. Additionally, cases likely to be transferred to Gong-su-cheo include the bribery charges under the Act on the Aggravated Punishment of Specific Crimes against former Chief Prosecutor Kim Hyung-jin, known as the "sponsor prosecutor," and the recent controversial bribery case involving a fisheries businessman.

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