'Susacheo→Gongsucheo'·'Susacheo Geomsa→Geomsa', Amendment to Gongsucheo Case Handling Rules

Gwacheon Government Complex Corruption Investigation Office./Photo by Corruption Investigation Office

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The High-ranking Officials' Crime Investigation Office (Gong-su-cheo) has changed the abbreviation of the agency in the case handling rules from the previous 'Susa-cheo' to 'Gong-su-cheo' and changed the title of Gong-su-cheo prosecutors from 'Susa-cheo Prosecutor' to 'Prosecutor.'

On the 14th, Gong-su-cheo announced that it posted the revised Gong-su-cheo case handling rules, which include these changes, in the official gazette and will implement them.

First, Gong-su-cheo changed the agency's abbreviation to Gong-su-cheo considering that it performs duties such as investigation and prosecution of crimes by high-ranking officials and that the term 'Gong-su-cheo' is more commonly used among the public than 'Susa-cheo.'

It also took into account that the abbreviation of the law establishing Gong-su-cheo, the "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Office," is commonly referred to as the "Gong-su-cheo Act."

Additionally, Gong-su-cheo changed the term 'Susa-cheo Prosecutor' to 'Prosecutor' in the case handling rules, considering that prosecutors belonging to Gong-su-cheo perform the roles of prosecutors as stipulated by the Constitution and the Criminal Procedure Act, just like prosecutors belonging to the Prosecutor's Office.

However, since the higher law, the Gong-su-cheo Act, still uses the abbreviation 'Susa-cheo' for Gong-su-cheo (Article 3) and 'Susa-cheo Prosecutor' for Gong-su-cheo prosecutors (Article 8), it seems necessary to unify the terminology through future legal amendments.

Furthermore, Gong-su-cheo revised the rule clause that requires a mandatory response within 60 days on whether to initiate an investigation upon receiving notification of recognition concerning high-ranking officials' crimes from other investigative agencies, by adding a proviso that allows for extension of the response deadline and notification to the relevant investigative agency in cases of 'unavoidable circumstances' such as failure to submit related materials, partial submission, or delayed submission.

In addition, a legal basis and related forms were prepared to notify complainants, accusers, and other parties involved in the case of the disposition results of high-ranking officials' crime cases handled by Gong-su-cheo.

Also, for cases where investigation and prosecution are separated, regulations were established requiring the prosecution-only prosecutor, who does not participate in the investigation, to hand over all case records and evidence to the trial prosecutor responsible for maintaining the prosecution, along with new rules concerning trial preparation and response.

Gong-su-cheo will implement the revised case handling rules starting from the day after the legislative notice was given on the 20th of last month.

Previously, the Gong-su-cheo case handling rules were enacted and promulgated in May 2021 and revised twice in September of the same year and March of last year.

During the second revision last year, the rules reflected contents such as ▲ deletion of the 'conditional transfer' clause ▲ abolition of the Case Investigation Analysis Office ▲ introduction of a decision system for cases with separated investigation and prosecution.

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