As the launch of the Public Prosecution Service and the Serious Crimes Investigation Agency approaches, concerns are mounting over an incomplete overhaul of the criminal justice system, often referred to as a 'justice gap.' Critics argue that the significant reduction in judicial oversight and personnel will inevitably lead to public harm due to investigative voids.
According to legal sources, the revised Criminal Procedure Act will take effect on October 2. The new law eliminates the direct investigative authority and supplementary investigation rights previously held by prosecutors, granting only a 'supplementary investigation request authority' to prosecutors in the Public Prosecution Service. This means that prosecutors can request additional investigations from law enforcement agencies.
However, even if prosecutors request supplementary investigations, there are no direct legal measures or controls to compel law enforcement agencies to comply. The inability to appeal decisions made by law enforcement agencies regarding non-prosecution could undermine victims' rights, as seen in a recent missing persons case in Jeju.
Delays in investigations and the shifting of responsibility are also significant concerns. When investigations are delayed, the supplementary investigation request authority alone cannot compel law enforcement to re-investigate, leading to the potential for prolonged case handling if agencies simply defer cases to one another.
There are also worries about whether the Serious Crimes Investigation Agency can effectively handle investigations in areas where the previous prosecution service had expertise, such as financial and drug crimes. According to the proposed structure of the Serious Crimes Investigation Agency, key joint investigation units previously led by the prosecution, including the Financial and Securities Crime Investigation Division and the Voice Phishing Investigation Division, will be transferred to the new agency.
The Public Prosecution Service will only be responsible for legal reviews and supplementary roles, without direct involvement in investigations. As controls over compulsory investigations are tightened and legal reviews shift to a post-factum consultation process, there are concerns that the rapid nature of financial, drug, and voice phishing crimes could result in a loss of 'golden time' for initial investigations.
Additionally, a shortage of specialized personnel exacerbates the situation. Experts in accounting, finance, and digital forensics are difficult to secure due to low compensation, and the Public Prosecution Service is set to launch with a significantly reduced number of prosecutors and investigators compared to previous levels.
The investigative void in regional areas is expected to be particularly severe. The Busan Serious Crimes Investigation Agency, which will oversee Busan, Ulsan, and Gyeongnam, as well as specialized crimes such as port, financial, and industrial accidents, will only have a total of 322 personnel, raising concerns about potential delays in investigations.
Legal professionals express concern over the lack of leadership and investigative personnel as the Public Prosecution Service and Serious Crimes Investigation Agency prepare to launch without adequate readiness.
A former prosecutor stated, "The morale of current prosecutors is quite low, and even when there are visible criminal allegations, it is unclear how investigations will proceed after October, as no definitive structure has been established. In this state, at least having a leader would provide some direction, but with that absence, the frontline is in a very chaotic situation."
A former police officer noted, "While there is a leadership gap, I believe ongoing investigations will continue normally. However, important cases that require the chief's approval or political judgment will be halted." He added, "More than the leadership gap, the immediate shortage of investigative personnel makes it highly likely that cases will become stagnant."
* This article has been translated by AI.
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