Prosecution and Sentence Execution by the Prosecution Office, Investigations by CAMCI... Presidential Inspections Involve Both Agencies

126 Presidential Decrees Announced by the Government
Detailed Rules Adjusted for Each Area of Work

Prosecution Office Also Authorized to Operate Emergency Vehicles
Refusal to Provide Fingerprints to CAMCI Investigators Now Punishable
Definition of 'Detention Facilities' Expanded to Include Police Stations and Other Investigative Agencies
Civil Servant Honorary Retirement Allowance Exclusion Criteria Clarified

Revisions of laws and regulations following the abolition of the Public Prosecutors' Office extended beyond investigative and indictment procedures to also impact presidential office inspections, civil servant personnel management, and the operation of emergency vehicles. Among the 126 presidential decrees promulgated by the government, several officially split the roles previously held by the Public Prosecutors' Office between the Prosecution Office and the Central Agency for Major Crimes Investigation (CAMCI). Investigative functions have been transferred to CAMCI, while prosecution and execution of sentences remain with the Prosecution Office, and related detailed rules governing each area of work have also been revised.

The Inspection Division of the Presidential Secretariat is a representative example. The revised organizational rules remove the Public Prosecutors' Office from the agencies eligible to participate as inspection team members and add both the Prosecution Office and CAMCI. This allows personnel from both agencies to take part in presidential office inspections. The inspection team gathers intelligence related to corruption involving senior public officials, executives at public institutions, and relatives of the president, verifies facts, and refers or transfers cases to investigative agencies if a formal investigation is needed. The cooperation system for presidential security will also change: On the Presidential Security and Safety Measures Committee, the position previously held by the Chief of Public Investigation Policy at the Supreme Public Prosecutors' Office will now be filled by the Director General for Public Safety at the Prosecution Office and the Head of the Anti-Corruption Bureau at CAMCI.

Emergency Vehicles for the Prosecution Office

The Prosecution Office is now responsible not only for indictments and maintaining public prosecutions, but also for the execution of sentences. The reason why the Prosecution Office is included in the amended road traffic enforcement decree, despite lacking investigative powers, is because of its role in executing sentences. The revised decree replaces 'investigative agency' with 'investigative agency or Prosecution Office', and explicitly adds indictment, prosecution maintenance, and execution of sentences to the purposes of operation. As responsibilities previously handled by the Public Prosecutors' Office are split, the purpose of vehicle use is also distinguished, ensuring that the Prosecution Office can continue to operate emergency vehicles required for prosecution maintenance or execution of sentences.

The case processing tasks remaining with the Prosecution Office have also been further specified. While maintaining the structure in which a deputy prosecutor handles relatively minor cases, the scope of cases has expanded. Newly included are cases of embezzlement, theft, fraud, and further embezzlement where the damage amounts to 10 million won or less. New additions also include violations of laws such as the Automobile Accident Compulsory Insurance Act, the Passenger and Freight Transportation Business Act, the Building Act, the Agricultural and Fisheries Product Origin Labeling Act, the Parking Lot Act, and the Act on the Punishment of Minor Offenses. A deputy prosecutor is a criminal justice public official with specified experience who is authorized to perform some prosecutorial duties. Those qualified include public officials in the criminal justice field who have passed the Grade 5 open competitive recruitment exam and worked for at least five years, or those at Grade 7 and above who have worked for at least ten years as a bureau director or criminal justice manager.

The Renes Square Building in Jung-gu, Seoul, where the headquarters of the Central Water Management Agency and the Seoul Office will be located. Photo by Yonhap News

CAMCI Investigators Now Included in Fingerprint Requests

CAMCI, responsible for major crime investigations, now also appears in minor offense regulations due to fingerprint request compliance. The Enforcement Decree on the Act on the Punishment of Minor Offenses adds CAMCI investigators as eligible persons to request fingerprints from those charged with noncompliance. When the specified preconditions are met, a refusal to provide fingerprints upon request by a CAMCI investigator can also result in penalties. This does not mean that CAMCI investigates minor offenses per se. Identifying suspects in the course of major crime investigations remains necessary, and the revision is aimed at supplementing existing fingerprint-related regulations to explicitly include CAMCI investigators. Whether or not there is punishment will be determined in accordance with requirements set by the Act on the Punishment of Minor Offenses.

Behind these legal changes are practical issues that CAMCI will face immediately. The revised Enforcement Decree on the Act on the Execution of Sentences expands the range of applicable facilities from 'detention rooms installed in police offices' to 'detention rooms in police stations or other investigative agencies.' While CAMCI can arrest or detain suspects, most of its new headquarters buildings lack their own detention facilities. At the Rene Square Building in Jung-gu, Seoul—where both the central headquarters and the Seoul Branch Office will be located—holding rooms for suspects to stay before and after questioning will be installed instead of detention cells, and some regional branches will begin operations in temporary offices. The Suwon Branch also considered using detention rooms at nearby police stations as part of its launch preparations. Even with new signage, the issue of where to keep detained suspects must still be solved in conjunction with existing police and correctional facilities.

Regulations concerning civil servant honorary retirement allowances have also been amended to distinguish between investigative and prosecution phases. Not only are individuals under investigation by CAMCI, but also those whose cases have been referred to the Prosecution Office and are awaiting a decision on indictment, now explicitly excluded from receiving such allowances. This means the restriction on disbursement will remain in place so long as the Prosecution Office has not finished its determination, even after CAMCI has concluded its investigation.

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