Investigative Authority Fragmented Among 34 Ministries as Prosecutors Exit... Confusion Expected [Unleashed Special Police] ②

An Era of 20,000 Special Investigators
But Half Have Less Than One Year of Experience
Prosecution Rate at 45%... Concerns Over Incomplete Investigations

With the amendments to the Government Organization Act and the Public Prosecutors' Office Act materializing the exclusion of prosecutors from directing investigations by special judicial police officers (special police), concerns are growing that investigative authority, which is dispersed across 34 central administrative agencies, could cause confusion in the field. While special police officers have demonstrated strengths in on-site crackdowns and crime detection based on expertise in their respective fields—such as military service, food, environment, and intellectual property—actual investigations have often depended on cooperation with prosecutors.

The investigative capabilities of central government special police officers reveal vulnerabilities even in objective indicators. According to the "2024 Status and Performance Indicator Analysis of Special Police Work" report published by the Supreme Prosecutors’ Office, there are 34 central administrative agencies with a total of 14,166 special police officers. Among them, 11,670 officers (82.4%) have less than three years of experience, and 6,869 officers (48.5%) have less than one year—nearly half. Many perform administrative duties concurrently and face frequent reassignments, making it difficult to accumulate investigative know-how.

Such structural limitations lead to concerns about the completeness of investigations. Last year, of the 51,874 cases referred by central administrative agency special police, only 22,954 were indicted and brought to trial, resulting in an indictment rate of just 44.2%. The report points out that joint investigation guidance has a significant impact on raising the indictment rate. This implies that a substantial number of special police officers have relied on cooperation with prosecutors to conduct investigations.

Central ministries themselves recognize the necessity of prosecutorial guidance to ensure the legality and completeness of investigations. This is because, in the process of coercive investigations that carry a high risk of human rights violations, prosecutorial support is needed both to avoid legal disputes and to construct sophisticated legal arguments to prove allegations. Especially in smaller ministries with fewer than 100 special police officers, close cooperation with prosecutors is essential.

The Military Manpower Administration, which has 59 special police officers, is a representative example. In 2022, the Seoul Southern District Prosecutors’ Office, in cooperation with special police from the Military Manpower Administration, arrested a military service broker who taught seven conscripts how to falsely claim epilepsy and pocketed 124 million won. The investigation included everything from filing for and executing account and communication warrants, arresting suspects, searching and seizing evidence, to requesting arrest warrants—all carried out jointly by prosecutors and special police. As special police had little experience with arrests and search and seizure, prosecutorial support in evidence collection and coercive procedures was instrumental in securing the arrest.

Likewise, special police at the Korean Intellectual Property Office (KIPO) greatly enhanced the completeness of investigations through close cooperation with prosecutors. A key example is the “first business secret infringement referral” involving the overseas leak of advanced smart factory technology. In 2021, after conducting searches and seizures, special police referred the case to prosecutors with a recommendation for indictment. The Daejeon District Prosecutors’ Office immediately ordered additional searches and seizures to strengthen the evidence. Consulting with an intellectual property crime advisor and conducting legal reviews, they identified further criminal activity and directly arrested two key suspects who orchestrated the technology leak.

Ultimately, the issue is not the reduction of prosecutorial authority itself but rather how and by what standards the investigative powers fragmented across 34 ministries will be supplemented and controlled. Until now, cooperation with prosecutors has led to measures such as arrests, asset freezes, and confiscations, but legal experts warn that if the guidance provisions disappear, investigations by ministry special police officers are likely to become inconsistent after crimes are detected.

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