Prosecutorial overhaul begins, but safeguards are essential

The government should use the remaining time to solicit diverse views and put safeguards in place. Structural reform alone does not guarantee stronger investigations. Without careful calibration, the costs may outweigh the benefits.

Park Chan-woon, advisory chair of the Prosecutorial Reform Task Force under the Prime Minister’s Office, speaks at a press briefing held at the Changseong-dong annex of the Government Complex Seoul in Jongno District on Dec. 4, 2025. [PROSECUTORIAL REFORM TASK FORCE]

The government has unveiled a blueprint for the organization and operation of two new bodies set to launch in October: the Office of Prosecution and the Serious Crimes Investigation Agency. The Prosecutorial Reform Task Force under the Prime Minister’s Office said on Monday that it has drafted bills governing the two agencies and begun the legislative notice process. This follows the passage last September of a government reorganization law that dismantled the existing prosecutors’ office and split its functions, marking the start of full-scale follow-up legislation four months later. A closer look at the bills, however, raises concerns about potential side effects. While the government says its guiding principle is to strengthen the investigation of serious crimes, it remains unclear on what basis the new agency’s investigative capacity would exceed that of the current system.

The key point of contention in the office of prosecution bill is whether prosecutors should be granted authority to order supplementary investigations. Hard-liners within the ruling party have flatly opposed the idea, while the government says it will be reviewed during revisions to the Criminal Procedure Act. Given the far-reaching implications for the criminal justice system, a cautious approach is appropriate. If investigations by the Serious Crimes Investigation Agency or the police were always thorough, supplementary probes would be unnecessary. In reality, such perfection is rare. A safeguard is needed in case investigators soften their work to accommodate political power. Recent disputes over alleged preferential treatment in police investigations, including controversy surrounding nomination irregularities involving former Democratic Party floor leader Kim Byung-kee, underscore lingering public distrust.

Another issue that warrants scrutiny is the concentration of power under the Ministry of the Interior and Safety. With the National Police Agency, the National Office of Investigation and the Serious Crimes Investigation Agency all placed under the ministry, an already powerful department would gain further clout. The interior minister would exercise oversight over specific cases through the head of the new agency, effectively inheriting investigative command authority once held by the justice minister via the prosecutor general. The government says such authority would be used only in exceptional cases involving clear and serious illegality. Still, as seen in recent controversy over the decision not to pursue an appeal in the Daejang-dong case, the risk of political use cannot be dismissed.

Preventing confusion stemming from fragmented investigative authority is another urgent task. From October, nine categories of serious crimes, including public corruption and election law violations, will fall under the Serious Crimes Investigation Agency, while general crimes will be handled by the National Office of Investigation. The Corruption Investigation Office for High-Ranking Officials will continue to operate separately. Although jurisdictions are defined by law, gray areas are inevitable in practice. Any disruption to criminal investigations will ultimately burden the public.

The government should use the remaining time to solicit diverse views and put safeguards in place. Structural reform alone does not guarantee stronger investigations. Without careful calibration, the costs may outweigh the benefits.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.