The Corruption Investigation Office Establishes Guidelines for 'Interim Notification of Complaints and Accusations' and 'Prosecutor Objections'

Mandatory Mid-Investigation Notification to Complainants if Unprocessed Within 3 Months After Receipt
Clarification of Objection Procedures to Superior's Command and Supervision in Specific Cases

Government Gwacheon Complex, Corruption Investigation Office for High-Ranking Officials.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The High-ranking Officials' Crime Investigation Agency (HCIA) has established and implemented a 'mid-investigation notification' system that informs complainants and accusers about the progress of investigations if their cases are not processed within three months.

Additionally, the HCIA has set up specific procedures allowing investigators to raise objections regarding the supervision and command of their superiors over particular cases.

The HCIA announced on the 20th that it has prepared and started enforcing these guidelines as part of its internal regulations from the 14th.

First, the 'Guidelines on Mid-Investigation Notification for Complaints and Accusations at the High-ranking Officials' Crime Investigation Agency' (HCIA Regulation No. 42) require that if an investigator cannot complete the investigation of a complaint or accusation within three months from the date of receipt, they must notify the complainant or accuser of the investigation's progress. (Article 3, Paragraph 1)

The mid-investigation notification is delivered via a separately prepared notification form or a text message sending system (Article 4, Paragraph 1), informing the reasons and the essence of the ongoing investigation into the complaint or accusation. (Article 4, Paragraph 2)

The timing for the mid-investigation notification is set to be within seven days from the day following the three-month period after the complaint or accusation was received. (Article 5, Paragraph 1)

In the case of petitions, complainants and accusers can also receive mid-investigation notifications if their cases are not processed within three months. (Article 8)

Furthermore, the supplementary provisions include a transitional measure stating that for complaints and accusations received before the enforcement of these guidelines, the enforcement date of the guidelines will be considered as the receipt date of those cases. This means that complainants and accusers who submitted their complaints or accusations before the 14th can also receive mid-investigation notifications if their cases are not processed within three months from the enforcement date.

The HCIA stated, "Through the implementation of the mid-investigation notification system, we will strive to ensure that complaints and accusations are handled fairly and transparently."

Meanwhile, to specify the objection procedures for investigators regarding particular cases as stipulated in Article 20, Paragraph 3 of the HCIA Act, the agency also prepared and implemented the 'Guidelines on Objection Procedures for HCIA Investigators' (HCIA Regulation No. 43).

Article 20, Paragraph 3 of the HCIA Act states, "An investigator may raise an objection if there is a disagreement regarding the legality or legitimacy of the supervision or command by the head of the agency concerning a specific case."

The guidelines allow an investigator who has a disagreement with their superior regarding a specific case to submit a written objection form, prepared separately, to the superior. (Article 4, Paragraph 1)

The superior who receives the objection form must immediately add their opinion and submit it to the head of the agency. If there is a higher-level superior, the form must be routed through them before reaching the head. (Article 4, Paragraph 2) If the superior is the head of the agency, adding their opinion to the objection form is considered as submission. (Article 4, Paragraph 3)

The guidelines also mandate that upon receiving the objection form, the head of the agency must immediately forward it to the Investigation Planning Officer and instruct the convening of a chiefs' meeting. Depending on the case, an expanded meeting including deputy chiefs may be formed. (Article 5, Paragraph 1)

The chiefs' meeting or expanded meeting is chaired by the head of the agency, and if necessary, the deputy head may preside. (Article 6, Paragraph 1)

After considering the deliberation results of the chiefs' or expanded meeting, the head of the agency makes a decision regarding the objection and may issue instructions to the objecting investigator, the relevant superior, and other affiliated investigators, taking necessary measures. (Article 5, Paragraph 2) Unless there are special circumstances such as legal violations, the objecting investigator, the relevant superior, and other investigators are required to follow the head's instructions. (Article 10)

The HCIA stated, "Through the implementation of these guidelines, we expect that disagreements between investigators and their superiors will be reasonably resolved, and fairness and transparency in internal decision-making processes will be further strengthened."

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