South Korea has given the green light to two prosecution reform bills aimed at restructuring the current prosecution service by separating its authority to initiate criminal investigations and indict suspects. This move, once implemented, will lead to a significant transformation of the country’s prosecution system. The legislation entails the closure of the prosecution office in October, 78 years after its inception in 1948, with two new agencies taking over the roles of indictment and investigation.
The bills, which establish the serious crimes investigation agency and the indictment agency, were recently endorsed by the National Assembly in a session boycotted by the main opposition People Power Party. The new indictment agency will focus solely on handling indictments, while the serious crimes investigation agency, to be set up under the Ministry of the Interior and Safety, will take charge of investigations into major crimes such as corruption, economic offenses, defense industry-related crimes, and drug offenses.
The government’s objective behind this reform is to separate the prosecution service’s powers over indictment and investigation, addressing longstanding concerns about potential political bias in prosecutorial actions. While the ruling Democratic Party advocates for the reform to prevent political misuse of prosecutorial authority, the opposition People Power Party has expressed apprehensions about weakening oversight on investigators and increasing susceptibility to political influence. Following the abolition of the prosecution office, the two new agencies will be established to carry out their designated functions.
