Headquarters Says "Must Accept All," Frontline Says "Consultation"... Major Crimes Agency Faces "Picking and Choosing" Controversy Over Prosecutors' Cases

Major Crimes Investigation Agency Out of Sync on Case Transfers One Month After Launch
Specific Criteria Yet to Be Established
Reliance on Case-by-Case Talks Risks Turning into Case Avoidance

One month after the Major Crimes Investigation Agency was launched, controversy has arisen over whether it is “picking and choosing cases” as it takes over investigations previously handled directly by prosecutors. The agency’s headquarters maintains that it must, in principle, accept cases designated for transfer to the Public Prosecution Agency. However, local offices have sometimes been reluctant to take over certain cases, holding preliminary discussions over issues such as statutes of limitations.

The Serious Crime Investigation Agency began full operations on the 16th, just two weeks after its launch. President Lee Jaemyung approved the appointment of Kim Jiyong, nominee for the agency’s first chief, on the 15th. Now no longer a nominee, Kim made his first appearance at work on the 16th, avoiding reporters.

Oct. 16, 2026. Photo by Kim Hyunmin

According to legal circles on Nov. 2, the two agencies also disagreed recently during the transfer to the Major Crimes Investigation Agency of some cases investigated by the Seoul Central District Public Prosecution Agency’s Criminal Proceeds Recovery Division. The Major Crimes Investigation Agency was initially reluctant to take the cases, citing issues such as statutes of limitations, but later accepted them after discussions, it was confirmed.

An official at one Public Prosecution Agency said, “Even if a statute of limitations appears to have expired, an investigation may reveal that it is still in effect, so it is difficult to hastily rule that there are no grounds for prosecution. In particular, cases handled by the Criminal Proceeds Recovery Division are also linked to confiscation, so it would be problematic to refuse them solely on the grounds of the statute of limitations.”

Similar complaints have also emerged at other Public Prosecution Agency offices. One report said, “We were told by a regional office to send a case quickly, so we prepared it, but then the Major Crimes Investigation Agency contacted us and said it would not accept it.”

Accounts from within the Major Crimes Investigation Agency also differ. An official at its headquarters said, “When the Public Prosecution Agency sends over a list, the relevant regional office of the Major Crimes Investigation Agency is supposed to accept the cases in principle,” adding, “We are even taking cases for which the statute of limitations has already expired.” However, frontline offices, including the Seoul Regional Major Crimes Investigation Agency, said that they sometimes refuse cases because the statute of limitations is near or the cases do not qualify as serious crimes.

The supplementary provisions of the current Public Prosecution Agency Act require cases that prosecutors began investigating directly when the Prosecutors’ Office was abolished to be transferred to the investigative agency with jurisdiction. The Public Prosecution Agency may continue investigating for a certain period when unavoidable, such as when the statute of limitations is about to expire. By contrast, for serious crimes newly identified by other investigative agencies, including the police, the Major Crimes Investigation Agency can decide whether to investigate directly, taking into account the seriousness of the case and the progress of any existing investigation. In other words, no sufficiently clear criteria have yet been established for transferring existing prosecution cases, leaving the process dependent on case-by-case discussions and creating ongoing inconsistencies in the field.

Legal experts voiced concern that such discussions could turn into a process for avoiding cases that are difficult to investigate or handle. A lawyer who previously worked as a prosecutor said, “The Major Crimes Investigation Agency will ultimately have to take on a substantial portion of the cases that prosecutors previously handled directly,” adding, “It needs to handle appropriately not only cases that attract public attention, but also economic crimes that may be small in scale yet difficult to investigate.”

Lee Geunwoo, a professor of law at Gachon University, said, “Investigative agencies should not arbitrarily pick and choose which cases to accept. As we are in a transitional period of moving existing cases to a new investigative system, clearer criteria are needed for deciding which agency will handle each case and preventing gaps in investigations.”

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