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Invest1 publisher3 min readPublished

South Korea's ruling party leans on retained prosecution chiefs to carry cases into the new system

South Korea strips prosecutors of investigative power on October 2 and keeps most district office heads in place to run the new prosecution offices. Any further investigation now has to be requested from police or the new agency, so the handover will be tested in that queue of requests.

The Investor · Invest desk

Photograph accompanying South Korea's ruling party leans on retained prosecution chiefs to carry cases into the new system
Photo: en.sedaily.com

What happened

  • Once prosecutors lose investigative power, the Public Prosecution Office must ask investigative agencies to carry out any supplementary investigation an indictment needs.
  • Jurisdiction disputes go to a consultative council of police, the Major Crimes Investigation Agency and the Corruption Investigation Office for High-ranking Officials.
  • A police reform committee under the Office for Government Policy Coordination will pair democratic oversight of police with stronger investigative capacity.

Compiled by The InvestorSomething wrong?How this is made

Why it matters

  • constraint District heads keep their titles but lose their own investigators, so every gap found in an indictment file now waits on another agency's answer.
  • exposure Open cases and wanted notices from the old system depend on transfers and conversions police were still carrying out the day before launch.
  • decision Cases that overlap agencies' remits now go to a council of three bodies to decide who investigates, so the choice of investigator is negotiated between agencies.

The continuity Han Byung-do offered is continuity of people [5]. In most districts, the official who signs indictments on October 2 [1] ran the same office the day before. That official no longer has investigators. When a file needs more work, the office has to ask an investigative agency to do it [4].

Han, the Democratic Party's floor leader [1], made the case directly. "The disappearance of prosecutors' investigative powers does not mean the state loses its investigative function," he said [3]. The function moves to other agencies. For anyone with a file open, the cost of the change comes down to how long a request takes to travel from a prosecution office to an investigator and back.

The handover can go a few ways. If the retained heads and the new police units absorb the work, the change shows up mainly on the organisation chart. In that case Han's promise holds: "There will never be a case left drifting between agencies or a victim denied redress," he said [14]. If they do not absorb it, delay collects in one of two places. One is the queue of supplementary-investigation requests. The other is the consultative council where police, the Major Crimes Investigation Agency and the Corruption Investigation Office for High-ranking Officials are supposed to settle who owns a case [7].

I'd expect the request queue to strain first. Police are building dedicated units for supplementary investigation before the first request arrives [6], and an agency puts people in place early where it expects volume. The counter-case rests on the same personnel decision. Heads who already know their files can write narrow requests, and narrow requests come back faster. If requests are answered at the pace an office's own investigators used to work, my view is wrong.

The transfers themselves were still under way on the eve of launch. "Police are also forming dedicated supplementary investigation units and working on transferring cases and converting wanted notices," Han said [6]. "This is no reason to frighten the public with claims that all wanted notices will be voided," he said [8]. The party did not say how many cases are moving or how many notices remain to be converted.

Police come out of the reorganisation with more work and a new overseer. A police reform committee under the Office for Government Policy Coordination will pursue democratic oversight of police alongside stronger investigative capacity, Han said [9]. To the opposition People Power Party he said, "Do not dress up opposition to reform as public anxiety" [10].

The only spending item at the same meeting went to farms. Han welcomed the government's plan to top up agriculture and fisheries funds from the budget [12]. The preliminary findings of the government's economic impact analysis worried those industries, and the party said it would not push to join the CPTPP alone until measures for farmers' and fishers' losses are in place [11]. Han will chair a new special committee on agricultural policy himself [13].

What to watch

  • Whether the government or police publish counts of transferred cases and converted wanted notices in the weeks after October 2.
  • The first dispute brought to the police, Major Crimes Investigation Agency and CIO consultative council, and how long it takes to resolve.
  • The final CPTPP economic impact analysis and the size of the budget top-up for agriculture and fisheries funds.
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