Completion of the Inspection Ban Law... Prosecution's Two-Track Approach: 'Jurisdiction Dispute and Investigation'

Moon Administration's Key to Maintaining 'Public Official Crime' Investigation... Possibility of Concluding Existing Investigations
Han Dong-hoon "Reorganizing Investigation Procedures... Will Carefully Consider Possible Measures"

The second bill among the inspection ban laws, the amendment to the Criminal Procedure Act, passed the National Assembly plenary session on the 3rd./Photo by Yoon Dong-joo doso7@

[Asia Economy Reporter Heo Kyung-jun] The prosecution appears to have decided to highlight the issues of the 검수완박 (Prosecutorial Investigation Authority Reform) bill rather than submitting mass resignations as a form of protest.

The prosecution is expected to adopt a two-track strategy: filing a constitutional dispute petition to challenge the bill's unconstitutionality and wrapping up investigations into public official crimes from the Moon Jae-in administration that are currently underway. The timing for filing the constitutional dispute petition to the Constitutional Court is anticipated to be after Han Dong-hoon, the nominee for Minister of Justice, completes his parliamentary confirmation hearing.

On the 4th, legal circles inside and outside the prosecution predicted that after Han’s confirmation and inauguration, the prosecution would accelerate investigations into public official crimes from the Moon administration, such as the ‘Ministry of Industry Blacklist Allegations’ and the ‘Wolseong Nuclear Power Plant Allegations.’

With the amendment to the Prosecutors’ Office Act and the Criminal Procedure Act approved at the Cabinet meeting, four of the six major crimes previously under the prosecution’s direct investigation?public official crimes, election crimes, defense industry crimes, and major disaster crimes?will be transferred to the police. Furthermore, since the prosecution’s investigative authority will disappear four months after the enforcement of the 검수완박 bill, additional investigations must commence before the law takes effect. It must also be considered that under the 검수완박 bill, prosecutors conducting investigations will no longer have the authority to indict.

In effect, a four-month deadline has been set to ensure smooth prosecutions. Ultimately, the prosecution is now in a position where it must focus its efforts on investigations into abuses of power by the current administration within the remaining period. Some speculate that the prosecution might also concentrate on economic crimes involving corporations or cases related to fair trade, where it can demonstrate its expertise in corruption and economic crimes, which remain within its direct investigative jurisdiction.

The question remains whether the prosecution can continue investigations into public official crimes under the current administration. Even though the prosecution’s investigative authority over the four major crimes will be abolished, there is no supplementary provision requiring ongoing investigations to be transferred to the police before the law’s enforcement. Therefore, it is widely believed that the prosecution can retain ongoing cases until their investigations are completed. Initially, the amendment bill proposed by the Democratic Party of Korea on the 15th of last month included a supplementary clause mandating that cases under investigation by the prosecution be succeeded by local police agencies, but this clause was removed during parliamentary deliberations and the bill was passed without it.

Han, the nominee preparing for the confirmation hearing, plans to organize the investigative work system and carefully consider all possible measures in response.

In a written response submitted to the office of independent lawmaker Yang Hyang-ja, Han stated, "The reckless legislative push for the 검수완박 bill has created institutional loopholes where criminals can commit offenses without punishment, and powerless citizens bear the brunt of the damage." He added, "If the prosecution’s direct supplementary investigations or requests for supplementary investigations are abolished, case processing will be delayed, accountability will become unclear, the capacity to respond to serious crimes will decline, and investigations into those in power will become impossible, ultimately shifting the burden onto ordinary citizens."

He further said, "There is no reason or justification to suddenly strip the prosecution of its investigative functions while the new criminal justice systems, such as the adjustment of investigative authority between the prosecution and police and the High-ranking Officials’ Crime Investigation Agency, have not yet been established." He pledged, "I will organize the practical system and carefully consider all possible measures to respond accordingly."

Regarding the Minister of Justice’s authority to direct investigations, Han expressed the view that "it should be exercised as restrictively as possible to guarantee the prosecution’s political neutrality and independence." Concerning the Seoul Southern District Prosecutors’ Office Joint Securities Crime Investigation Unit (합수단), which was abolished in 2020, he said, "I believe there is a need to actively consider establishing a specialized department in the form of the 합수단."

The 합수단, which operated from 2014 to 2020, was responsible for investigating financial crimes such as stock price manipulation and earned the nickname ‘Grim Reaper of the Securities World.’ However, it was abolished in January 2020 under former Minister of Justice Choo Mi-ae’s policy to reduce the prosecution’s direct investigative units. Following its abolition, large-scale financial scandals such as the Lime and Optimus cases erupted, prompting calls for the 합수단’s revival. However, former Minister Choo drew a line, describing it as "a place that uses prisoners knowledgeable about finance to conduct illegal investigations" and "a hotbed of corruption crimes."

On the other hand, President-elect Yoon Seok-youl pledged during his presidential campaign to strengthen investigations and sanctions against stock price manipulation, and the Presidential Transition Committee has been discussing formalizing the Seoul Southern District Prosecutors’ Office Financial and Securities Crime Investigation Cooperation Unit (협력단), which replaced the 합수단, thereby considering its revival.

Han said, "Criticism has been raised that the financial market has become chaotic since the abolition of the 합수단, and the newly established 협력단 faces difficulties in conducting investigations with speed." He added, "Despite the 합수단 having played a significant role in creating a fair financial market and protecting investors, its abolition is difficult to understand."

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