🚨 Government Organization Act

Today Korean Social News for Beginners | 2025.09.26

0️⃣ Prosecution Office Abolition and Power Separation, Administrative Reform Discussion

📌 Government Organization Act Amendment Submitted to Parliament…Opposition Party Starts Filibuster

💬 The National Assembly submitted the Government Organization Act amendment to the main session on September 25th. The People Power Party (opposition) strongly opposed the direct submission without bipartisan agreement and requested unlimited debate (filibuster). The key point of the amendment is to abolish the prosecution office and divide its powers: investigation rights go to the Serious Crime Investigation Agency under the Ministry of Interior and Safety, while prosecution rights go to the Public Prosecution Office under the Ministry of Justice. The amendment also includes splitting the Ministry of Economy and Finance into the Budget Office and the Ministry of Finance and Economy. The filibuster will continue until September 26th, and the voting results could significantly change Korea's administrative structure.

💡 Summary

• The Government Organization Act is a basic law that establishes central administrative agencies and their powers.
• The amendment's main content includes abolishing the prosecution office, separating investigation and prosecution powers, and splitting the Ministry of Economy and Finance.
• Political conflict has intensified due to direct submission without bipartisan agreement, leading to a filibuster.

1️⃣ Definition

The Government Organization Act is a basic law that regulates the establishment, organization, powers, and duties of central administrative agencies. Based on Article 96 of the Constitution, it defines the structure and operating principles of administrative departments and clarifies the powers and responsibilities of the President, Prime Minister, and ministers.

This law creates an organizational system for the administrative branch to efficiently run national affairs and regulates work distribution and cooperation systems between departments. When reorganizing government or establishing new departments, the Government Organization Act must be amended, which requires approval from the National Assembly.

💡 Why is it important?

• It is a key law that determines the basic structure and power distribution of the administrative branch.
• It provides an institutional framework for realizing government efficiency and the principle of checks and balances.
• It serves as the foundation for administrative services that directly affect citizens' rights and duties.
• It is an important standard that influences political power structure and policy implementation systems.

2️⃣ Main Content and Issues of the Amendment

📕 Prosecution Office Abolition and Power Separation Plan

• Investigation and prosecution powers will be completely separated. Main changes include:

  • Current prosecution investigation powers will be transferred to the Serious Crime Investigation Agency under the Ministry of Interior and Safety.
  • Prosecution powers (indictment rights) will be handled by the Public Prosecution Office under the Ministry of Justice.
  • The existing prosecution office organization will be completely dismantled and reorganized into two independent agencies.
  • Prosecutors will be divided into investigation prosecutors and prosecution prosecutors, belonging to different organizations.

• The new investigation system has specific features. Main content includes:

  • The Serious Crime Investigation Agency will handle major cases like murder, robbery, sex crimes, and economic crimes.
  • Police will investigate general crimes, while the investigation agency will handle only complex cases requiring expertise.
  • The separation of investigation and prosecution is expected to strengthen the principle of checks and balances.
  • The amendment aims to reduce political investigation controversies and increase investigation independence.

📕 Ministry of Economy and Finance Split and Power Readjustment

• The economic policy control tower will be separated. Main changes include:

  • The existing Ministry of Economy and Finance will be divided into the Budget Office and the Ministry of Finance and Economy.
  • The Budget Office will be responsible for national budget planning and execution management.
  • The Ministry of Finance and Economy will handle macroeconomic policy and fiscal policy development.
  • Tax policy and public institution management will require coordination between the two departments.

• Effects and concerns about power distribution coexist. Main issues include:

  • There are positive evaluations that it can resolve side effects from concentrated budget authority.
  • However, there are concerns about inefficiency during interdepartmental coordination when implementing economic policies.
  • Worries are raised about weakened connections between budget planning and economic policy.
  • Critics point out possible confusion in foreign economic cooperation or international organization responses.

💡 Main Issues of the Government Organization Act Amendment

1. Power Distribution vs Efficiency: While power distribution increases checks and balances, it raises concerns about decreased work efficiency
2. Political Neutrality: Opposition criticism that investigation agency reform stems from political intentions
3. Budget Planning System: Possible weakened connection between budget and economic policy due to Ministry of Economy and Finance split
4. Legal Stability: Risk of work gaps and confusion due to rapid organizational reform
5. Citizen Convenience: Concerns about decreased efficiency in civil complaint processing and policy consistency due to department splits

3️⃣ Filibuster and Political Conflict

✅ Meaning and Process of Unlimited Debate

• Filibuster is a legal resistance method in parliament. Main features include:

  • The People Power Party strongly opposed direct submission without bipartisan agreement and requested unlimited debate.
  • After filing for filibuster, debate must continue for more than 24 hours with lawmakers taking turns speaking.
  • Debate can end with approval from more than two-thirds of attending members or when all debate participants finish speaking.
  • During this process, pros and cons of the bill are fully presented, increasing public interest.

• The timing and results of voting are attracting attention. Main prospects include:

  • Main session voting is scheduled after the filibuster ends on September 26th.
  • The Democratic Party of Korea holds a majority, so the amendment is likely to pass.
  • If passed, the Yoon Suk-yeol government must decide whether to exercise veto power.
  • If vetoed, more than two-thirds of attending members' approval is needed for re-decision.

✅ Differences Between Ruling and Opposition Parties and Future Prospects

• Ruling and opposition party claims are in sharp conflict. Main points include:

  • The Democratic Party of Korea argues it will prevent prosecution power abuse and strengthen democratic checks.
  • The People Power Party worries about investigation system confusion and security gaps, criticizing it as hasty reform.
  • The ruling party emphasizes resolving the harmful effects of concentrated budget power through Ministry of Economy and Finance separation.
  • The opposition counters with concerns about weakened economic policy implementation and increased interdepartmental conflicts.

• Constitutional Court judgment and implementation process are key. Main variables include:

  • If the bill passes, constitutional lawsuits are likely to be filed.
  • The Constitutional Court's constitutional judgment will determine final implementation.
  • Organizational reform requires considerable preparation time, making immediate implementation difficult.
  • Complex processes like civil servant relocation, budget reorganization, and work transfer must be completed.

4️⃣ Related Term Explanations

🔎 Constitutional Article 96

• Constitutional Article 96 regulates the legal reservation principle for establishing administrative departments.
  • Constitutional Article 96 states that "the establishment, organization, and scope of duties of administrative departments shall be determined by law," establishing the principle that matters related to administrative organization must be determined by laws enacted by the National Assembly. This is an important constitutional principle that prevents administrative organization from being decided by arbitrary judgment of the President or administrative branch and ensures democratic control by the National Assembly as the people's representative body.
  • The main meanings of this provision include: First, National Assembly consent is required for administrative reorganization. Second, establishment or abolition of government departments is possible only through law amendments, not presidential decrees. Third, each department's powers and work scope must be clearly defined by law. Fourth, this prevents administrative power abuse and realizes the principle of separation of powers.
  • Therefore, this Government Organization Act amendment is also being processed through National Assembly decision based on Constitutional Article 96, and the National Assembly has the authority to determine by law even if the administrative branch opposes it.

🔎 Investigation Rights and Prosecution Rights

• Investigation rights and prosecution rights are core powers in the criminal justice system.
  • Investigation rights refer to the authority to investigate facts, collect evidence, and find criminals when crimes occur. This includes scene investigation, witness questioning, suspect questioning, search and seizure, and arrest. Prosecution rights (indictment rights) are the authority to bring criminals to court based on investigation results to seek punishment, including deciding whether to prosecute and serving as prosecutor in court.
  • Currently, Korea has a 'prosecution-centered system' where the prosecution holds both investigation and prosecution rights. Prosecutors directly command investigations and decide whether to prosecute based on investigation results. This has advantages of increasing connection between investigation and prosecution and securing efficiency, but it also causes power concentration and political investigation controversies.
  • The amendment aims to introduce 'investigation-prosecution separation' by separating them so investigations are handled by the Serious Crime Investigation Agency and prosecution by the Public Prosecution Office. This aims to strengthen the principle of checks and balances and increase investigation independence, but there are also concerns about decreased work efficiency and unclear responsibility.

🔎 Filibuster (Unlimited Debate)

• Filibuster is a legal procedure to delay bill processing in parliament.
  • Filibuster comes from Spanish meaning 'pirate' and is a parliamentary procedure used by minorities to prevent majority dominance. It was introduced in Korea through National Assembly Act amendment in 2012, with the official name 'unlimited debate.' It can be requested by more than one-third of attending members and must continue debate for more than 24 hours.
  • Filibuster procedures are as follows: First, after application, each negotiating group receives time allocation for lawmakers to speak in turns. Second, once speaking begins, it cannot be interrupted and speakers cannot even go to the bathroom. Third, speech content must be related to the relevant bill but is broadly accepted. Fourth, debate can end with approval from two-thirds of attending members or when all applicants finish speaking.
  • The significance of filibuster is protecting minority opinions and realizing democracy through sufficient debate. However, it is also criticized for intentionally delaying bill processing and disrupting national administration. This Government Organization Act amendment filibuster is evaluated as a case showing both advantages and disadvantages.

5️⃣ Frequently Asked Questions (FAQ)

Q: If the Government Organization Act is amended, what impact will it have on ordinary citizens?

A: Department reorganization will change civil complaint services and policy service systems.

• Government Organization Act amendment directly affects ordinary citizens' daily lives. First, civil complaint processing windows may change. For example, if the Ministry of Economy and Finance is split, budget-related complaints may go to the Budget Office while economic policy inquiries go to the Ministry of Finance and Economy. Second, investigation agency reform may change crime reporting or investigation cooperation procedures. Major crimes will be handled by the newly established Serious Crime Investigation Agency while general crimes by police, possibly requiring separate reporting channels. Third, policy implementation system changes may affect the speed and consistency of various government services.
• However, most routine administrative services are handled by city/county/district offices or town/township/neighborhood offices, so immediate changes won't be large. But temporary work delays or confusion may occur while new organizations stabilize, requiring attention.

Q: Won't there be problems with crime investigation and punishment if the prosecution organization changes?

A: There may be short-term confusion, but checks and balances are expected to be strengthened long-term.

• Prosecution office abolition and investigation-prosecution separation will bring significant changes to the criminal justice system. First, work gaps or confusion may occur during organizational reform. Time will be needed to divide existing prosecutors into investigation prosecutors and prosecution prosecutors and adapt to new organizational systems. Second, while mutual checks will be strengthened as investigation and prosecution agencies separate, work connectivity may somewhat weaken. More time may be required or opinion differences may arise when transferring investigation results to prosecution agencies.
• However, positive effects are also expected long-term. Investigation and prosecution agencies can check each other to prevent excessive investigation or political prosecution, and expertise is expected to improve. Looking at overseas cases, many countries like Germany and France operate separated investigation and prosecution systems without major problems. However, the success of system change depends on building new organizational expertise and mutual cooperation systems.

Q: Won't economic policy implementation face difficulties if the Ministry of Economy and Finance is split?

A: There may be short-term confusion, but expertise and efficiency may improve long-term.

• Ministry of Economy and Finance separation has both positive effects of resolving concentrated budget power and negative effects of increased policy coordination costs. First, splitting into Budget Office and Ministry of Finance and Economy may increase respective expertise. The Budget Office can focus more on budget planning and execution management, while the Ministry of Finance and Economy can concentrate on macroeconomic policy development. Second, it can reduce side effects from excessive budget power concentration. There have been criticisms that the Ministry of Economy and Finance excessively controlled other departments using budget as a weapon, and this problem can be alleviated.
• However, there are also concerns about increased interdepartmental coordination costs. Budget planning and economic policy should be implemented in connection, but if handled by different departments, opinion coordination may take more time. Also, responsibility may become unclear in foreign economic cooperation or international organization responses. Therefore, when separating, it's important to build close cooperation systems between the two departments and strengthen economic policy coordination functions.

View Table of Contents

• Go to Guide