Current CIO Prosecutor: "Prosecutors from Seoul Central District Should Be Assigned to CIO for Checks and Cooperation"

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[Asia Economy, Reporter Kim Hyungmin] Yes Sanggyun, the Human Rights Investigation Policy Officer (age 46, Judicial Research and Training Institute class 30) at the Corruption Investigation Office for High-ranking Officials (CIO) and a former prosecutor, has drawn attention by arguing that prosecutors from the Seoul Central District Prosecutors' Office should be assigned to the CIO.

Officer Ye recently published a paper titled "The Need for Establishing a Cooperative Relationship Between the CIO and the Prosecution for the Benefit of the Public" in the June issue of the Law Association's academic journal, in which he emphasized that "prosecutors from the Seoul Central District Prosecutors' Office should be assigned to the CIO to establish a system of checks and cooperation."

Officer Ye is one of five CIO prosecutors who are former prosecutors currently serving at the office. He criticized the current CIO Act as "incomplete legislation," pointing out that by restricting the subjects whom CIO prosecutors can indict, the law leaves room for controversy over the status and authority of the CIO, which has heightened conflicts between the CIO and the prosecution.

He further stressed that "such disputes are undesirable, considering that the purpose of the law's enactment was to enhance the credibility of the public sector," and called for the resolution of conflicts between the prosecution and the CIO.

As a solution, Officer Ye proposed that "prosecutors from the Seoul Central District Prosecutors' Office be assigned to the CIO's prosecution division, either through secondment or other arrangements." Through this, he suggested, "a system of checks and cooperation regarding the outcomes of the CIO's investigations" could be established.

He added that, with only 25 prosecutors at the CIO, it is "absolutely necessary to have cooperation from prosecutors under the Prosecution Office Act in order to both investigate and maintain prosecution," and that, as in the United Kingdom-where prosecutors from the national prosecution service are stationed at police stations-"in most countries with a CIO or an anti-corruption office, prosecutors from the prosecution office are seconded to handle prosecution-related duties."

Regarding why he specifically designated prosecutors from the Seoul Central District Prosecutors' Office as candidates for secondment to the CIO, he explained, "Current law stipulates that when CIO prosecutors investigate cases over which they lack indictment authority, the relevant documents and evidence must be sent to 'a prosecutor belonging to the Seoul Central District Prosecutors' Office,' not simply to the 'Seoul Central District Prosecutors' Office,' making this interpretation possible."

He emphasized, "If sufficient investigative and administrative personnel are assigned, and if the law is revised to clearly define the relationship between the CIO and other agencies, the CIO will be able to focus on its core duties. However, given the realities faced by the CIO, establishing a cooperative relationship with other agencies-especially the prosecution-is an inevitable compromise."

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