Exclude Both Supplementary Investigation Authority and All-Case Transfer? Legal Community Warns of Oversight Vacuum for Investigative Agencies

Draft Amendment to the Criminal Procedure Act to Be Announced This Month

Supplementary Investigation Authority of Public Prosecution Service Prosecutors in Focus

Restoration of All-Case Transfer System Also at Stake

Legal Community Raises Concerns Over Delays in Case Processing

As the announcement of the draft amendment to the Criminal Procedure Act approaches, whether to restore the supplementary investigation authority of prosecutors at the Public Prosecution Service and the all-case transfer system has emerged as a key point of contention in the final stages. Hardliners within the ruling bloc maintain that both supplementary investigation authority and the all-case transfer should be excluded, citing the principle of separating investigation and prosecution. However, legal experts express concern that a full abolition of these measures without any alternatives could lead to delays in case processing and create a vacuum in the oversight of investigative agencies.

On July 1, the flag fluttered in the wind in front of the Supreme Prosecutors' Office in Seocho-gu, Seoul, where Supreme Prosecutor Shim Woojeong expressed his intention to resign just nine months into his term. The Special Investigation for the Internal Revolt plans to investigate Supreme Prosecutor Shim Woojeong on charges including abuse of authority after he immediately gave up on an appeal following the cancellation of the detention of former President Yoon Seokyeol. 2025.07.01 Photo by Yoon Dongju

According to the legal community on June 10, the Prosecution Reform Task Force under the Office of the Prime Minister plans to announce the draft amendment to the Criminal Procedure Act within this month. After the Act on the Establishment of the Serious Crime Investigation Agency and the Public Prosecution Service Act were passed by the National Assembly in March, the Prosecutors' Office will be abolished in October, with the Serious Crime Investigation Agency and the Public Prosecution Service to be launched. However, detailed procedures—such as whether Public Prosecution Service prosecutors will conduct direct supplementary investigations during the review of transferred cases, or will only have the authority to request supplementary investigations from investigative agencies—have yet to be determined.

Previously, on June 5, Assemblymen Kim Yongmin and Kim Youngho of the Democratic Party of Korea, along with Park Eunjeong of the Cho Kuk Innovation Party, proposed their own amendment to the Criminal Procedure Act. Their proposal stipulated that the authority to request supplementary investigations should be exercised by an external agency, and they also expressed their opposition to restoring the all-case transfer system. On June 8, President Lee Jaemyung acknowledged the necessity of supplementary investigation authority to some extent, stating that the public should not suffer as a result of checks on the prosecution, but concluded, "The final decision will be left to the National Assembly."

The legal community's concern centers on the weakening of the case review function before prosecution is initiated. They argue that even if imminent expiration of the statute of limitations or risks to victims are identified, if prosecutors are only able to request supplementary investigations rather than conduct them directly, case processing could be delayed. A prosecution official stated, "It is difficult for investigative agencies to overturn their own conclusions simply based on a request for supplementary investigation," adding, "If supplementary investigation authority is abolished, it could also become difficult to exercise substantive oversight over investigation outcomes."

The question of whether to restore the all-case transfer system is also linked to the abolition of supplementary investigation authority. Since the adjustment of investigative powers between the prosecution and police in 2021, police have been able to close cases themselves if they determine there is no suspicion. Professor Cha Jina of Korea University Law School pointed out, "If the all-case transfer system is not reinstated, there will be no way to uncover cases that investigative bodies such as the Serious Crime Investigation Agency might cover up or bury in the future," adding, "If post-closure oversight is weakened, ultimately the rule of law and justice will inevitably collapse."

The advisory committee of the Prosecution Reform Task Force also stated the previous day that there are practical limitations to a plan that completely prohibits supplementary investigations and relies solely on the authority to request them. The committee suggested that if supplementary investigations are to be banned, restoring the all-case transfer system should also be considered together.

As the launch of the new judicial system approaches, discussions over the design of specific institutions are expected to continue. Attention is focused on whether alternative measures will be established during the legislative process in the National Assembly to minimize confusion on the ground.

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