🚨 Prosecutorial Reform

Today Korean Social News for Beginners | 2026.01.20

0️⃣ Separation of Investigation and Prosecution, Debate Over Need for Pilot Operations Before Launch

📌 Legal Community Calls for "Practice Run" as Prosecutorial Reform Approaches

💬 The government's prosecutorial reform is approaching full implementation. In October, the Prosecutor's Office will be abolished and replaced by the Public Prosecution Agency and the Major Crimes Investigation Agency. However, the legal community warns that preparations are insufficient. Without clear operational rules, simultaneous nationwide implementation could create investigation gaps and confusion. The key issue is the lack of verification process to confirm whether the separation of investigation and prosecution will actually work properly in the field. The authority boundaries between the Public Prosecution Agency and Major Crimes Investigation Agency are unclear, potentially causing confusion during case transfers and supplementary investigations. The legal community suggests pilot operations in specific regions to identify problems before nationwide rollout.

💡 Summary

• Prosecutorial reform separates investigation and prosecution powers to reduce concentration of authority.
• The Prosecutor's Office will be abolished in October 2026, with the Public Prosecution Agency and Major Crimes Investigation Agency launching, but insufficient preparation is noted.
• The legal community argues that pilot operations in test regions are needed to verify the system before nationwide implementation.

1️⃣ Definition

Prosecutorial reform refers to institutional changes that separate the prosecution's investigation and indictment powers to reduce concentration of authority and enhance fairness in criminal justice procedures. The government plans to abolish the existing Prosecutor's Office and transition to a dual system where the Major Crimes Investigation Agency handles investigations and the Public Prosecution Agency handles indictments.

The core of this reform is to resolve issues of power abuse and concentration that occurred when prosecutors handled both investigation and prosecution. By separating investigation agencies from prosecution agencies, the goal is to establish mutual checks and balances, prevent prosecutorial overreach, and strengthen the democracy and transparency of the criminal justice system.

💡 Why is this important?

• Separating investigation and prosecution powers can prevent power abuse.
• Mutual checks between investigation and prosecution enhance criminal justice fairness.
• Protection of suspects' human rights and due process can be strengthened.
• However, sufficient preparation and verification before implementation remains a challenge.

2️⃣ Background and Issues of Prosecutorial Reform

📕 Background of Prosecutorial Reform

• Concentration of prosecutorial authority has been a problem. Key background includes:

  • Prosecutors exercised strong powers by holding both investigation and prosecution authority.
  • Controversies over prosecutorial independence and neutrality repeatedly arose in political cases and high-level official investigations.
  • Issues of human rights violations of suspects and excessive detention during investigations were raised.
  • Lack of checks on prosecutorial power led to social demand for reform.

• The separation of investigation and prosecution was pursued after long discussions. Key processes include:

  • Previous governments discussed prosecutorial reform but substantial reform did not materialize.
  • Partial reforms like police investigation independence and establishment of the Corruption Investigation Office for High-ranking Officials came first.
  • The current government presented abolishing the Prosecutor's Office and complete separation of investigation and prosecution as a core pledge.
  • Preparations are underway to launch the Public Prosecution Agency and Major Crimes Investigation Agency in October 2026.

📕 Structure of the New System

• The Public Prosecution Agency will handle indictments and prosecution maintenance. Key roles include:

  • Reviewing cases transferred by investigation agencies (police, Major Crimes Investigation Agency) and deciding whether to indict.
  • Maintaining prosecution in court and performing the prosecutor's role after indictment.
  • Holding exclusive indictment authority to prevent improper indictments and ensure due process.
  • Operating independently from investigation agencies to make objective judgments.

• The Major Crimes Investigation Agency will investigate major crimes. Key roles include:

  • Professionally investigating major cases such as corruption, economic crimes, and election crimes.
  • Investigating high-ranking official crimes not covered by the Corruption Investigation Office.
  • Cooperating with police on investigations and transferring investigation results to the Public Prosecution Agency.
  • Deploying professional investigators to strengthen investigative capacity for complex cases.

📕 Legal Community Concerns and Issues

• There are concerns about insufficient implementation preparation. Key problems include:

  • Concrete operational rules and procedures are unclear, raising concerns about field confusion.
  • Case transfer procedures, supplementary investigation requests, and consultation regulations are incomplete.
  • Authority boundaries between the Public Prosecution Agency and Major Crimes Investigation Agency are unclear, with potential for work conflicts.
  • Personnel deployment and organizational structure have not been specified yet.

• Opinions suggest pilot operations are needed rather than simultaneous nationwide implementation. Key proposals include:

  • Testing through pilot operations in specific regions or case types to identify problems.
  • Supplementing the system based on pilot operation results before nationwide expansion is advisable.
  • Simultaneous nationwide implementation could shake the entire criminal justice system through investigation gaps and confusion.
  • Rushing implementation without sufficient verification could cause unexpected side effects.

💡 Key Issues in Prosecutorial Reform

1. Authority division: Unclear authority boundaries between Public Prosecution Agency and Major Crimes Investigation Agency causing work conflict concerns
2. Insufficient preparation: Forcing implementation with incomplete operational rules and procedures
3. Investigation gaps: Possibility of field confusion and investigation gaps with simultaneous nationwide implementation
4. Legal deficiencies: System stabilization requires accompanying amendments to Criminal Procedure Act and related laws
5. Pilot operations: Raised need for verification through pilot operations in some regions

3️⃣ Tasks for Successful Reform

✅ Sufficient Preparation and Pilot Operations

• Clear operational rules must be established. Key directions include:

  • Detailed specification of case transfer procedures, supplementary investigation request methods, and consultation regulations.
  • Clear distinction of authority boundaries between Public Prosecution Agency and Major Crimes Investigation Agency to prevent work conflicts.
  • Specification of organizational structure, personnel deployment, and budgets for each agency.
  • Creation of practical manuals so work can be performed without confusion in the field.

• System verification through pilot operations is needed. Key tasks include:

  • Conducting pilot operations by selecting specific regions or case types.
  • Identifying problems that occur during pilot operations and preparing improvement measures.
  • Collecting opinions from field practitioners to supplement operational rules.
  • A phased approach of expanding nationwide after sufficient verification is desirable.

✅ Related Legal System Reform

• Criminal Procedure Act amendment is essential. Key content includes:

  • Clearly defining the legal status and authority of the Public Prosecution Agency and Major Crimes Investigation Agency.
  • Legally establishing cooperation procedures between investigation and prosecution agencies.
  • Clarifying supplementary investigation request rights and case return rights.
  • Also organizing procedures that guarantee the rights of suspects and victims.

• Organizational laws and personnel regulations must be prepared. Key directions include:

  • Legally establishing organizational structure and personnel scale of Public Prosecution Agency and Major Crimes Investigation Agency.
  • Clarifying qualification requirements, appointment procedures, and status guarantees for members of each agency.
  • Designing personnel systems that can secure independence and neutrality.
  • Also specifying transition deployment plans for existing prosecution personnel.

✅ Building Mutual Check and Cooperation System

• A cooperation system between investigation and prosecution must be created. Key tasks include:

  • Building channels for smooth communication between investigation and prosecution agencies.
  • Being able to respond quickly when the Public Prosecution Agency requests supplementary investigations after case transfer.
  • Preparing procedures to mediate when differences of opinion arise between the two agencies.
  • Establishing balanced relationships that cooperate while mutually checking each other.

• Rights of suspects and victims must be guaranteed. Key directions include:

  • Suspect human rights should be strengthened even if procedures become complicated with investigation-prosecution separation.
  • Expanding victims' rights to statement and information provision.
  • Guaranteeing procedures for victims to raise objections to non-prosecution decisions.
  • Increasing transparency of criminal justice procedures to gain public trust.

4️⃣ Related Terms Explained

🔎 Separation of Investigation and Prosecution Powers

• Separation of investigation and prosecution powers is a core principle for power checks.
  • Investigation power means the authority to investigate criminal suspicions and collect evidence. Investigation agencies like police and the Major Crimes Investigation Agency hold this. Prosecution power means the authority to bring people suspected of crimes to court, which the Public Prosecution Agency monopolizes.
  • Previously, prosecutors held both investigation and prosecution powers, exercising strong authority. They directly investigated or directed and supervised police investigations, and prosecutors also decided whether to indict. In this structure, prosecutors could easily collect favorable evidence during investigation and proceed directly to indictment, facing criticism for lacking objectivity and fairness.
  • Prosecutorial reform separates these so that the Major Crimes Investigation Agency and police handle investigation, while the Public Prosecution Agency handles prosecution. Investigation agencies collect evidence and transfer cases to the Public Prosecution Agency, which independently reviews and decides whether to indict. This allows investigation and prosecution to mutually check each other and prevent forced prosecution or improper investigation. However, how the two agencies will cooperate and coordinate in practice remains an important task.

🔎 Public Prosecution Agency

• The Public Prosecution Agency is a new agency dedicated to indictment and prosecution maintenance.
  • The Public Prosecution Agency is a newly established agency through prosecutorial reform, inheriting prosecutors' indictment powers. It reviews cases transferred by investigation agencies to determine whether there is sufficient evidence and legal grounds for indictment, and maintains prosecution in court when indictment is decided.
  • Key roles of the Public Prosecution Agency include: First, case review and indictment decisions. It reviews evidence and legal application of cases transferred by investigation agencies to determine whether to indict. Second, prosecution maintenance. After indictment, it proves the defendant's guilt in court and requests sentencing. Third, supplementary investigation requests. If evidence is insufficient or additional investigation is needed, it requests supplementation from investigation agencies. Fourth, non-prosecution decisions. It can make non-prosecution dispositions for reasons like insufficient evidence or no suspicion.
  • The Public Prosecution Agency should operate independently from investigation agencies to make objective judgments. It should not be swayed by investigation agencies' opinions and should fairly decide whether to indict based on law and evidence. However, complete separation from investigation reduces efficiency, so balancing cooperation and checks is important.

🔎 Major Crimes Investigation Agency

• The Major Crimes Investigation Agency is an agency that professionally investigates major crimes.
  • The Major Crimes Investigation Agency inherits prosecutors' investigation powers to investigate major cases like corruption, economic crimes, and election crimes. It handles crimes requiring professional investigation that are not covered by the Corruption Investigation Office for High-ranking Officials.
  • Key roles of the Major Crimes Investigation Agency include: First, major crime investigation. It investigates cases with large social impact like corruption, economic crimes, election crimes, and organized crime. Second, high-ranking official crime investigation. It investigates crimes by high-ranking officials not covered by the Corruption Investigation Office. Third, cooperation with police. It jointly investigates complex cases with police and can request police investigations when necessary. Fourth, case transfer. It transfers completed investigation cases to the Public Prosecution Agency for indictment decisions.
  • The Major Crimes Investigation Agency should be composed of professional investigators with advanced investigative capacity. Handling complex economic crimes or systematic corruption cases requires diverse expertise in accounting, finance, and law. It should also be able to cooperate smoothly with police and the Public Prosecution Agency while maintaining investigative independence.

🔎 Criminal Procedure Act Amendment

• Criminal Procedure Act amendment is essential for the new system to function.
  • The Criminal Procedure Act is legislation that regulates investigation and trial procedures for criminal cases. When the investigation-prosecution system changes through prosecutorial reform, the Criminal Procedure Act must also be amended for the new system to function properly.
  • Key content requiring amendment includes: First, clearly defining the legal status and authority of the Public Prosecution Agency and Major Crimes Investigation Agency. The roles, authority scope, and responsibilities of both agencies must be legally established. Second, specifying case transfer procedures. The methods and timing for investigation agencies to transfer cases to the Public Prosecution Agency must be clarified. Third, preparing supplementary investigation request procedures. Procedures and investigation agency response methods when the Public Prosecution Agency requests supplementary investigation for insufficient evidence must be established. Fourth, strengthening rights of suspects and victims. Human rights protection should be further strengthened even if procedures become complicated.
  • Without Criminal Procedure Act amendment, the new system could operate without legal basis, creating confusion. Therefore, organizing legislation through sufficient discussion before system implementation is essential. A reasonable and effective amendment should be prepared by broadly collecting opinions from the legal community, academia, and civil society.

5️⃣ Frequently Asked Questions (FAQ)

Q: What happens to the existing prosecution through prosecutorial reform?

A: The Prosecutor's Office will be abolished, and prosecution personnel will be redeployed to the Public Prosecution Agency and Major Crimes Investigation Agency.

• When prosecutorial reform is implemented, the existing Prosecutor's Office organization will be abolished. Investigation functions performed by prosecutors will be transferred to the Major Crimes Investigation Agency, and prosecution functions to the Public Prosecution Agency. Existing prosecutors will be assigned to one of the two agencies or transition to other legal fields. Prosecutors who want investigation will go to the Major Crimes Investigation Agency, while those who want prosecution and prosecution maintenance are expected to go to the Public Prosecution Agency.
• Personnel redeployment should be conducted considering individual preferences and aptitudes, as well as organizational needs. Forcing unilateral assignment could cause strong backlash and reduce work efficiency. Therefore, smooth transition should be achieved through sufficient consultation and transition education. Additionally, the accumulated expertise and experience of the existing prosecution should be well utilized in the new system. Rather than sudden change, phased and stable transition is desirable.

Q: How are investigation roles divided between police and the Major Crimes Investigation Agency?

A: Police mainly investigate general crimes, while the Major Crimes Investigation Agency handles major crimes.

• Police primarily investigate general criminal cases like theft, assault, and fraud. Most crimes will be investigated by police and transferred to the Public Prosecution Agency. The Major Crimes Investigation Agency handles major cases with large social impact requiring professional investigation, such as corruption, economic crimes, and election crimes. It also investigates high-ranking official crimes not covered by the Corruption Investigation Office for High-ranking Officials.
• Role division between the two agencies is determined by case nature and complexity. Even general crimes can be handled by the Major Crimes Investigation Agency if organized or large-scale, and even major crimes can be handled by police if simple. What's important is that both agencies cooperate to investigate efficiently. Depending on cases, joint investigations can be conducted, or investigation results from one agency can be handed over to another. Clear role division and smooth cooperation systems must be established to prevent investigation gaps or duplication.

Q: What problems arise if implemented immediately without pilot operations?

A: Various problems like field confusion, investigation gaps, and procedural delays can occur.

• Simultaneous nationwide implementation without pilot operations can cause several problems. First, field confusion. With incomplete specific operational rules, practitioners may be confused about how to handle work. Second, investigation gaps. If work handover between agencies is not smooth, ongoing cases may be neglected or delayed. Third, procedural delays. If procedures are delayed at each stage of transfer, supplementary investigation, and prosecution, it becomes disadvantageous to both suspects and victims.
• These problems can be identified and improved in advance through pilot operations. Operating first in specific regions or case types allows identification of difficulties and supplementation of operational rules. Field practitioners' opinions can be collected to specify manuals and prepare response measures for unexpected problems. After sufficient verification, nationwide expansion can stably establish the system. A phased and careful approach is more effective in the long term than rushed implementation.

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