The newly established case review committee at the prosecutorial office will be restructured to include the ability to consider the dismissal of charges as an external oversight body. While its scope and scale have expanded compared to the previous investigation review committee, the lack of legal binding on its recommendations raises questions about its effectiveness as a check on prosecutorial power.
According to legal sources on October 5, the prosecutorial office, which opened on October 2, has set up a case review committee to evaluate cases that attract public interest or raise concerns about fairness, replacing the previous investigation review committee.
Unlike the investigation review committee, which was based at the Supreme Prosecutor's Office, the new committee will have between 50 and 200 members at each of the six regional prosecutorial offices in Seoul, Daejeon, Daegu, Busan, Gwangju, and Suwon. Both parties involved in the case and the lead prosecutor can request a review, with the authority to convene resting with the head of the regional prosecutorial office.
The review subjects specified in the Prosecutorial Office Act include requests for arrest warrants, the initiation of charges, and decisions on appeals. A presidential decree allows the head of the regional prosecutorial office to address matters deemed necessary for review based on the seriousness, recurrence, or need for rights protection.
As a result, there is speculation that the dismissal of charges in ongoing trials could also be subject to review. This has led to discussions about the potential involvement of the case review committee in the dismissal of charges related to President Lee's criminal case.
On September 18, President Lee requested the National Assembly to remove the dismissal clause from the special investigation law for fabricated charges. However, the possibility remains that the prosecutorial office will assess the dismissal of charges based on the outcomes of future special investigations or inquiries by the Ministry of Justice's Committee for Respecting Prosecutorial Rights.
It remains uncertain whether the expanded review scope will directly enhance its oversight function. The investigation review committee, introduced in 2018 to prevent the abuse of prosecutorial power, faced criticism after recommending no charges in the 2024 case involving Kim Geon-hee, the then-first lady, regarding a luxury handbag, which some viewed as merely providing justification for the prosecutor's decision.
Even if the case review committee reaches a conclusion, prosecutors are not obligated to follow it. It is important to distinguish between the interpretation that the committee can review the dismissal of charges and whether it will actually initiate such reviews. The previous investigation review committee had provisions to address matters referred by the Prosecutor General, but there were no instances of it reviewing the dismissal of charges.
* This article has been translated by AI.
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