Yoon Ho-jung, the Minister of the Interior and Safety, has expressed his intention to exercise investigative authority over the Major Crimes Agency to prevent abuse and biased investigations. His remarks clarify the minister's control over the agency following its establishment, emphasizing the importance of distinguishing between necessary oversight and interference that undermines investigative independence.
According to legal sources, during a National Assembly Administrative Safety Committee audit on October 6, Yoon responded to a question from Democratic Party lawmaker Yang Boo-nam regarding the exercise of investigative authority over the head of the Major Crimes Agency. "If there is a recurrence of the misuse of investigative authority and biased actions similar to those of the Yoon Seok-yeol prosecution, I believe it is necessary to exercise realistic authority without hesitation," he stated.
However, he clarified that this does not mean he intends to routinely intervene in normal investigations. Yoon defined the investigative authority as a means of civilian control, emphasizing that it should not be necessary if the investigative agency performs its role properly. He stressed that preventing human rights violations is the primary goal and that "the minister's investigative authority should not aim for coercive discipline."
This statement reaffirms the exceptional principles of command that Yoon has articulated since before the agency's launch. During a full committee meeting on March 18, he described the authority over the Major Crimes Agency as an "exceptional and minimal measure" to prevent the agency from becoming a power institution and threatening constitutional order. At that time, ruling party lawmaker Seo Beom-soo raised concerns that the minister's authority could also be abused, highlighting the potential for undermining investigative independence.
On August 31, Yoon mentioned the need for civilian control as a safeguard against serious violations of constitutional order or citizens' basic rights during an MBC radio interview. He stated that he would only exercise authority through the head of the Major Crimes Agency for individual cases and that this authority would be limited to exceptional and special circumstances. His comments suggest a commitment to applying these principles in the actual operation of the investigative agency rather than proposing a new expansion of authority.
With the establishment of the Major Crimes Agency, the focus has shifted from the necessity of the institution to the legitimacy of exercising its powers. Even with the separation of investigation and prosecution, there remains a need for oversight to prevent human rights violations or abuse of authority during investigations. Conversely, if political disagreements regarding the targets or direction of investigations are deemed "biased investigations," the authority could become a means of restricting investigative autonomy.
The principle of directing through the agency head and the legitimacy of the directives are separate issues. Limiting the channels of command prevents the minister from directly instructing frontline investigators, but it does not resolve whether the directives given to the agency head influence the outcomes of cases. When the authority is exercised in the future, the key consideration will be whether it aims to correct illegalities or human rights violations in investigations or to demand specific investigative results.
The need for checks on the authority itself has also been raised in the National Assembly. Lawmaker Yang pointed out during a full committee meeting on September 17 that a reasonable system should be designed to prevent the minister from privately abusing personnel and supervisory authority over investigative agencies. Yoon responded that if judicial oversight does not function properly, democratic control through personnel and general authority is necessary.
The Major Crimes Agency, which launched on October 2, is currently in the stage of establishing operational and investigative practices. How the principles of "control in cases of abuse" and "non-interference in normal investigations" are applied in actual cases will likely serve as a benchmark for assessing the new agency's independence and accountability.
Regulations regarding the influence of retired officials are also under discussion. During the recent audit, Yoon addressed concerns about preferential treatment for former officials related to the practice of senior investigators in the Major Crimes Agency, stating, "There is a need to impose restrictions on practices similar to those for prosecutors." He acknowledged the necessity for similar regulations during an August radio interview, raising questions about whether this will lead to concrete institutional improvements.
* This article has been translated by AI.
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