🚨 Public Prosecution Office: A New Model for Separating Investigation and Prosecution Powers

Today Korean Social News | 2025.06.18

📌 Prosecutor's Office to be Abolished, 'Public Prosecution Office' to be Created…Prosecutors Worry About Losing Investigation Powers

💬 If the prosecution reform laws pushed by the Democratic Party pass, the current Prosecutor's Office will be abolished and replaced by the Public Prosecution Office and the Serious Crime Investigation Agency. The Public Prosecution Office will only handle prosecution and court work, while investigation powers will be moved to the Serious Crime Investigation Agency. This means prosecutors will either lose their investigation powers or work as investigators in the new agency.

Prosecutors seem to prefer staying in the Public Prosecution Office because they don't like being called "investigators." However, prosecutors who want to continue investigation work are thinking about moving to the Serious Crime Investigation Agency. These changes may cause senior prosecutors to retire early or join large law firms. The government is looking at ways to encourage prosecutors to stay.

Summary

• The Public Prosecution Office is a new agency that will replace the current Prosecutor's Office, focusing only on prosecution and court work.
• Investigation and prosecution powers will be completely separated to create checks and balances for fairer justice.
• This is the core of prosecution reform, fundamentally changing the prosecution's 70-year monopoly on power.

1️⃣ Definition

Public Prosecution Office means a new judicial agency that will replace the current Prosecutor's Office, focusing only on prosecution and court-related work. Simply put, it's an agency that doesn't investigate crimes but only handles court trials.

This is a system designed to achieve the core goal of prosecution reform: 'complete separation of investigation and prosecution powers.' The investigation powers that the current Prosecutor's Office has will be moved to a separate Serious Crime Investigation Agency, creating a system where the two agencies check each other.

💡 Why is this important?

• It fundamentally changes the prosecution's 70-year monopoly on investigation and prosecution powers.
• It ensures fairer trials through checks and balances between investigation and prosecution agencies.
• It prevents excessive concentration of prosecution power and builds a democratic judicial system.
• It represents a transition to an advanced judicial system that meets international standards.

2️⃣ Main Functions and Features of the Public Prosecution Office

📕 Core Functions of the Public Prosecution Office

• The Public Prosecution Office will focus only on trial-related work. Main functions include:

  • Prosecution: Review cases sent from the Serious Crime Investigation Agency and decide whether to prosecute in court.
  • Trial Support: Handle arguments and debates in court to prove guilt in prosecuted cases.
  • Appeals: File appeals or final appeals to higher courts if unhappy with first trial decisions.
  • Sentencing Requests: Ask the court for appropriate punishments for defendants.
  • Execution Supervision: Supervise the execution of punishments according to final court decisions.

• The biggest difference from the current prosecution is the lack of investigation powers. Main changes include:

  • Public Prosecution Office prosecutors cannot directly investigate and can only handle cases sent from the Serious Crime Investigation Agency.
  • Warrant request powers are also limited - warrants needed during investigation must be requested directly by the Serious Crime Investigation Agency.
  • No investigation command powers - cannot give investigation directions to police or other investigation agencies.
  • Case entry (investigation) and exit (prosecution) are completely separated and operate independently.

📕 Organization Structure and Personnel System

• The Public Prosecution Office will be organized to optimize its functions. Organization features include:

  • Supreme Prosecutor's Office → Supreme Public Prosecution Office, High Prosecutor's Office → High Public Prosecution Office, District Prosecutor's Office → District Public Prosecution Office.
  • Organization size is expected to be smaller than current Prosecutor's Offices, with all investigation-related departments abolished.
  • Trial-focused departments will be expanded to strengthen trial support expertise.
  • Special investigation units will be moved to the Serious Crime Investigation Agency.

• Prosecutors will be given career choice options. Main options include:

  • Stay in Public Prosecution Office: Keep current prosecutor status and handle only prosecution and trial support work
  • Move to Serious Crime Investigation Agency: Work as investigators in the Serious Crime Investigation Agency to continue investigation work
  • Private Sector: Move to law firms or corporations
  • Retirement: Early retirement to pursue new careers
  • Prosecutors' choices are expected to be distributed based on their expertise and preferences.

Main Issues with Public Prosecution Office Introduction

1. Expertise Concerns: Worries that expertise may decline when handling only prosecution and trial support without investigation experience
2. Work Continuity: Problems ensuring case continuity and consistency when investigation and prosecution are separated
3. Personnel Loss: Concerns about work gaps due to mass departure of existing prosecutors
4. Organizational Culture: Confusion from rapid changes to prosecution organizational culture maintained for 70 years
5. Public Understanding: Need to secure public understanding and trust in the new system

3️⃣ Relationship with Serious Crime Investigation Agency and Work Division

✅ Role of the Serious Crime Investigation Agency

• The Serious Crime Investigation Agency will handle all investigations. Main functions include:

  • Exclusively investigate the 6 major serious crimes (corruption, economic crimes, public official crimes, election crimes, defense business crimes, major disasters) that the current prosecution directly investigates.
  • Focus on cases requiring complex and professional investigation techniques.
  • Existing prosecutors who want to continue investigation work will work as investigators.
  • Send cases to the Public Prosecution Office after completing investigations to request prosecution decisions.

• The checks and balances system between the two agencies is key. Their relationship includes:

  • The Serious Crime Investigation Agency focuses on investigation, while the Public Prosecution Office independently decides on prosecution.
  • The Public Prosecution Office can request re-investigation if it judges the Serious Crime Investigation Agency's investigation inadequate.
  • The Serious Crime Investigation Agency will have procedures to object to the Public Prosecution Office's non-prosecution decisions.
  • Both agencies checking each other is expected to improve objectivity and fairness in investigation and prosecution.

✅ Changes in General Crime Investigation System

• Police will lead investigations of general crimes. Main changes include:

  • Police will have primary investigation powers and independently investigate most general crimes.
  • After completing investigations, police will directly send cases to the Public Prosecution Office for prosecution decisions.
  • The current system where prosecution commands police investigations will be completely abolished.
  • Education and support to improve police investigation expertise will be strengthened.

• The new system has both advantages and challenges. Main points include:

  • Advantages: Securing independence of investigation and prosecution, improving fairness through mutual checks, democratic control through power distribution
  • Challenges: Building cooperation systems between agencies, ensuring efficiency in case transfer processes, needing adaptation time for the new system
  • While initial confusion is expected, a fairer and more efficient judicial system is anticipated once the system stabilizes.

4️⃣ Related Terms

🔎 Prosecution Monopoly System

• Prosecution monopoly system means only prosecutors can request criminal trials.
• Prosecution monopoly system means that in criminal cases, only prosecutors can request trials from courts, and other agencies or individuals cannot directly prosecute. Korea adopts this system, so if prosecutors don't prosecute, trials are impossible.
• Features of prosecution monopoly system include: First, prosecutors' discretionary prosecution power means prosecutors can choose not to prosecute even when they judge crimes exist. Second, legal stability prevents careless prosecution and protects people's human rights. Third, expertise means legal experts (prosecutors) make objective judgments.
• The prosecution monopoly system will be maintained under the Public Prosecution Office system, with only Public Prosecution Office prosecutors exercising prosecution powers. However, unlike before, since other agencies handle investigations, the role of objectively reviewing investigation results to decide on prosecution becomes more important.

🔎 Trial Support

• Trial support means activities to prove guilt of prosecuted cases in court.
• Trial support refers to all activities by prosecutors to prove defendants' guilt in court for prosecuted criminal cases. Simply put, it's prosecutors proving in trials that "this person committed crimes."
• Main contents of trial support include: First, presenting evidence by submitting and explaining evidence secured during investigation. Second, witness examination by having witnesses appear in court to testify. Third, arguments based on evidence and legal principles to claim guilt. Fourth, sentencing requests asking courts for appropriate punishments.
• Trial support becomes core work under the Public Prosecution Office system. Since they don't directly participate in investigations, they may face difficulties proving guilt in court using only materials sent from the Serious Crime Investigation Agency or police. Therefore, strengthening trial support expertise and cooperation with investigation agencies is very important.

🔎 Case Transfer

• Case transfer is the procedure where investigation agencies send cases to prosecution after completing investigations.
• Case transfer means the procedure where police and other investigation agencies send cases to prosecution after completing investigations to request prosecution decisions. Currently all cases are transferred to prosecution, but under the Public Prosecution Office system, they will be transferred to the Public Prosecution Office.
• Types of case transfer include: First, transfer with prosecution opinion when judging criminal suspicions exist and requesting prosecution. Second, transfer with non-prosecution opinion when requesting non-prosecution due to no criminal suspicions or insufficient evidence. Third, reference transfer for reference purposes when suspects are not identified.
• Case transfer becomes more important under the Public Prosecution Office system. Since the Public Prosecution Office doesn't directly investigate, it must judge prosecution based only on transferred materials. Therefore, how completely investigation agencies prepare transfer materials becomes key to fair prosecution decisions.

5️⃣ Frequently Asked Questions (FAQ)

Q: Won't it become harder to punish criminals when investigation and prosecution are separated under the Public Prosecution Office system?

A: This is the most common concern about the Public Prosecution Office system. However, separating investigation and prosecution doesn't necessarily mean weaker punishment. Rather, more accurate and fair punishment may be possible through mutual checks. Investigation agencies will investigate more thoroughly to pass the Public Prosecution Office's strict review, while the Public Prosecution Office will objectively evaluate evidence to make reasonable prosecution decisions. However, there may be temporary confusion initially while cooperation systems between agencies aren't fully established. What's important is building close cooperation systems between investigation agencies and the Public Prosecution Office, and ensuring important information isn't lost during case transfer processes. Actually, advanced countries like Germany and France already successfully operate systems with separated investigation and prosecution, achieving fairer justice through checks between power agencies.

Q: How will it be decided whether existing prosecutors stay in the Public Prosecution Office or move to the Serious Crime Investigation Agency?

A: This will be left to individual prosecutors' free choice. Prosecutors can decide their careers considering their expertise, preferences, and future plans. Prosecutors with expertise and interest in investigation work can move to the Serious Crime Investigation Agency to work as investigators, while prosecutors who want to specialize in trial work can stay in the Public Prosecution Office to focus on prosecution and trial support work. The government plans to provide sufficient preparation time for prosecutors' smooth career transitions and necessary education and support. Also, systems will likely be designed to maintain fairness between the two agencies in treatment and promotion systems. What's important is that prosecutors aren't forcibly assigned but can choose according to their own will. However, since the Serious Crime Investigation Agency will introduce a new job grade system called 'investigators,' some prosecutors accustomed to the 'prosecutor' title may prefer staying in the Public Prosecution Office.