"Investigation Is a Quasi-Judicial Act... 25% of SCIA Staff Should Be Lawyers"

Korean Bar Association Holds Public Hearing to Strengthen Investigative Agencies

"Active Participation of Lawyers Required Throughout All Phases... Institutional Incentives Needed"

Panelists Warn, "Abolishing Supplementary Investigations Could Lead to a Surge in Unresolved Cases"

As the criminal justice system faces restructuring, there have been calls to significantly increase the number of lawyers in the newly established Serious Crimes Investigation Agency (SCIA) to enhance its capabilities. The main argument is that investigations are a "quasi-judicial act" that has a profound impact on citizens' fundamental rights, requiring meticulous legal review. There were also urgent calls for the design of a supplementary investigation system to prevent delays and abuses of authority during investigations.

Kim Jungwook, President of the Korean Bar Association, is delivering a greeting at the "Public Hearing for Strengthening the Capabilities of Investigation Agencies" held on the 11th at the Korean Bar Association in Seocho-gu, Seoul. Photo by Yonhap News

On March 11, the Korean Bar Association held a "Public Hearing for Strengthening the Capabilities of Investigative Agencies" at its headquarters in Seocho-gu, Seoul, to discuss these issues. Kim Jeonguk, President of the Korean Bar Association, stated, "The SCIA must be staffed with lawyers who possess legal expertise in order to enhance its ability to respond to crimes. It is also necessary to establish institutional incentives so that capable lawyers can participate and stably remain in their positions for the long term."

Kim Giwon, Senior Vice President of the Seoul Bar Association, who delivered the keynote presentation, emphasized the "quasi-judicial nature" of investigative work and the importance of the "proportion of qualified lawyers among organizational members." He stated, "Determining investigative targets, conducting and concluding compulsory investigations, and legally organizing and forwarding cases are all substantial judicial acts." Therefore, in order for the SCIA to secure legitimacy as an independent quasi-judicial institution, the active participation of lawyers throughout the investigative process is essential, and more than 25% of the agency's personnel should hold legal qualifications.

One proposed solution was the "diversification of recruitment channels." Specific suggestions included: ▲transferring prosecutors (with vice ministerial to grade 5 positions, depending on practical experience and rank); ▲transferring those with investigative experience (maintaining their current rank); ▲competitive recruitment of legal professionals (grade 4 or higher to grade 5); and ▲public recruitment for investigative roles. In particular, to attract outstanding legal professionals, new hires should be appointed at grade 5 (equivalent to central government officials), and those with practical experience should be appointed at grade 4 or higher, ensuring exceptional treatment. He also emphasized the importance of including "civil law" as a test subject in open recruitment for economic crime investigations.

In the system where investigation and prosecution are separated, some argued that supplementary investigation requests should, in principle, be made by the Prosecution Service, with prosecutors' "direct supplementary investigations" allowed only as exceptions. The second presenter, Professor Ryu Kyungeun of Korea University Law School, approached supplementary investigations not as a simple power struggle but as an issue of designing a structure of responsibility.

Professor Ryu pointed out the shortcomings of the current system, including delays in fulfilling supplementary investigation requests and a lack of communication. To make the system more effective, she proposed: ▲reflecting the diligence of fulfilling supplementary investigation requests in personnel evaluations; ▲introducing disciplinary measures, such as the right to request disciplinary action in cases of unjustified non-compliance; ▲establishing a standing cooperation channel between prosecution and police; and ▲expanding training programs for police investigators.

She also highlighted the need to design four major restrictions to prevent the abuse of exceptional direct supplementary investigation powers: ▲"subject restrictions," such as prohibiting unrelated investigations; ▲"method restrictions," such as strictly applying principles of voluntary investigation and compulsory investigation; ▲"reason restrictions," such as requiring explicit justification in cases like arrests or impending statute of limitations; and ▲"actor restrictions," such as focusing on maintaining prosecution, and asserted that these should be legislated.

In the following discussion, practical alternatives were proposed to enhance the investigative capabilities of the SCIA, while expressing concerns about potential side effects of the new system. Lawyer Yang Hongseok and Professor Lee Changon of Ewha Womans University Law School expressed concerns about investigation delays that could result from the total abolition of direct supplementary investigations. Lawyer Yang warned, "If direct supplementary investigations by prosecutors are abolished and replaced with requests, the number of such requests could surge, potentially paralyzing the system." Professor Lee also pointed out, "If investigative powers are limited, there could be a sharp increase in unresolved cases due to delays and avoidance in decision-making."

There were also calls to recruit outstanding professionals to ensure expertise. Kim Seunghyun, Vice President of the Korean Bar Association, suggested, "Lawyers with a certain level of experience should be appointed at grade 4 or 5, and private sector experience should be fully reflected in the pay scale so that experienced and capable lawyers are encouraged to commit to public office."

On the other hand, some argued for the complete abolition of prosecutorial investigative powers. Lawyer Jang Jooyoung stated, "Given the repeated cases of abuse of authority by prosecutors in the past, prosecutorial investigative powers should be entirely abolished. By actively utilizing AI-based investigation support systems and the next-generation Criminal Justice Information System (KICS), investigative efficiency can be improved."

This content was produced with the assistance of AI translation services.