Yoon Ho-jung: "Public-Prosecution-Police Joint Headquarters to Replace Prosecution-Police Unit"…Jeong Sung-ho: "Weak Legal Basis"

Ministry of the Interior and Safety and Ministry of Justice Report to the Blue House

On August 5, Minister of the Interior and Safety, Ho-jung Yoon, announced a plan that, following the separation of investigative and prosecutorial powers, the Joint Investigation Headquarters of the Prosecution, Serious Crimes Investigation Agency, and Police (so-called "Joint Public-Prosecution-Police Headquarters") will replace the existing joint prosecution-police units. In this structure, investigations will be led by investigators and police, with prosecutors providing legal review, advice, and warrant requests.

In contrast, Minister of Justice, Sung-ho Jeong, argued that having prosecutors support the joint investigation unit could, in effect, become an investigation itself, and highlighted that there is a lack of legal grounds regarding the scope of such support.

During a government work briefing at the Blue House on this day, Minister Yoon said, while discussing the future operation of joint prosecution-police investigation teams, "Going forward, rather than a joint prosecution-police headquarters, it is likely that a public-prosecution-police joint headquarters will be established," adding, "The Prosecution Service, the Serious Crimes Investigation Agency, and the police will cooperate together in this form."

When President Lee Jaemyung asked, "Within this structure, would prosecutors not directly conduct investigations but instead focus on legal review, advice, and warrant screening and requests?" Minister Yoon replied, "Yes."

When President Lee further pointed out, "Until now, prosecutors operated on the premise of being both investigative and legal experts and have led joint investigation units, but now that will not be possible; since they should not conduct investigations," Minister Yoon responded, "While they do not have the authority to conduct direct investigations, they can still provide input on investigations."

Commissioner Woncheol Cho of the Ministry of Government Legislation also stated, "As Minister Yoon Ho-jung explained, the Serious Crimes Investigation Agency will essentially take over the role previously held by the Central Investigation Department of the Supreme Prosecutors' Office, and where there are gaps, prosecutors from the Prosecution Service will provide legal advice."

When President Lee confirmed again, "So going forward, the operation will be similar to the Joint Investigation Headquarters for serious crimes, with prosecution service prosecutors mainly providing advice and, if necessary, promptly filing warrant requests?" Commissioner Cho answered, "That is correct."

In contrast, the Ministry of Justice stated that under the recently revised criminal procedure law, prosecutors are excluded from participating in investigations and therefore would find it difficult to join the joint investigation headquarters.

Minister of Justice Jeong Sung-ho pointed out, "The legal basis for operating the joint investigation headquarters is very weak. In fact, it barely exists," adding, "If prosecutors from the Prosecution Service, who are barred from participating in investigations, do so anyway, issues regarding admissibility of evidence may arise."

Minister Jeong also highlighted the weakness in legal grounds by stating, "When prosecutors actually join the joint investigation unit, the limits of their participation are unclear, and unless these are specified in investigation guidelines, there could be problems during the prosecution process."

Vice Minister of Justice Jinsoo Lee also remarked, "The original purpose of the joint investigation headquarters was for the prosecution and police to jointly conduct investigations, but with prosecutors' investigative involvement now excluded, prosecutors will be limited to judicial oversight, warrant review, or indictment after receiving a case from the police," adding, "It is questionable whether the current practice of dispatching prosecutors will remain effective with warrant reviews alone, and as it is difficult to include indictment procedures within the joint headquarters, prosecutors' roles will be extremely limited."

In response, President Lee emphasized, "Even during preparations for the Serious Crimes Investigation Agency, it is necessary to consider in advance how the currently operating major joint investigation headquarters units will be managed in the future."

Yonhap News Agency

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