Abolition of the Prosecutors' Office Three Months Away... Key Issues Like Restoration of Full-Transfer System Remain Unresolved

Proposed Amendments by Ruling Bloc Do Not Include Full-Transfer System
Operation Methods for the Serious Crimes Investigation Office Remain Unresolved
"Prosecutorial Personnel Seconded for Every Major Case,
Contradictory to the Push to Abolish the Prosecution," Critics Say

Although the launch of the Public Prosecution Office and the Serious Crimes Investigation Office is just three months away, the core standards of the new criminal justice system remain unclear. As discussions on revising the Criminal Procedure Act have been repeatedly postponed, follow-up issues such as the possible restoration of the full-transfer system, criteria for case transfers, and the operation method of the Serious Crimes Investigation Office have yet to be finalized.

On the 1st, the flag in front of the Supreme Prosecutors' Office in Seocho-gu, Seoul, fluttered in the wind as Shim Woojung, Prosecutor General, expressed his intention to resign after only nine months in office. Following the cancellation of former President Yoon Seokyeol's detention, the Special Investigation Team for the Rebellion plans to investigate Prosecutor General Shim Woojung on charges including abuse of authority, as he gave up on filing an immediate appeal. 2025.07.01 Photo by Yoon Dongju

According to the legal community on July 2, the government plans to abolish the Prosecutors' Office and launch the Public Prosecution Office and the Serious Crimes Investigation Office on October 2. Although the Public Prosecution Office Act and the Serious Crimes Investigation Office Act were enacted in March, practical work such as amending the Criminal Procedure Act, revising enforcement decrees, and establishing investigative guidelines remains to be completed. The Public Prosecution Office Act stipulates that, in principle, cases initiated by prosecutors must be transferred to the relevant investigative agency. However, it also allows the Public Prosecution Office to continue investigations for up to 90 days if the statute of limitations is imminent or if it is unavoidably necessary due to the nature of the case.

However, there are concerns that the remaining time is physically insufficient, making it difficult to avoid a gap in crime response. If preparations are rushed, the offices may fail to fulfill their roles, with the consequences falling on the public. At a press briefing last month on the 12th, Minister of Justice Sung Ho Jeong also stated, "It took more than a year for the Corruption Investigation Office for High-ranking Officials to be established, so I am not sure whether the launch of the Serious Crimes Investigation Office, which is more than ten times larger, can be accomplished within a few months."

The main issue is the full-transfer system. If the prosecution’s supplementary investigation authority is abolished, the channel for reviewing and correcting cases that the police have closed as 'not to be forwarded' will be effectively blocked. This would make it impossible to discover if cases are concealed. The recently proposed amendments to the Criminal Procedure Act by lawmakers from the ruling bloc do not include provisions for the full-transfer system.

There is also criticism that, even as the direct investigative function of the prosecution is abolished, the authorities continue to rely on prosecutorial personnel and investigative experience whenever a major case arises. Currently, a large number of prosecutors have been seconded to the joint police-prosecution investigation team for the 'ballot paper shortage incident' and the second integrated special prosecutorial team. A deputy chief prosecutor pointed out, "They keep forming joint investigation teams and appointing special prosecutors, yet claim they will abolish the prosecution. The first step should be to design how to retain the specialized investigative capabilities that the country needs."

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