With a sweeping overhaul of the criminal justice system on the horizon — including the dissolution of the Prosecution Service and the creation of a new Serious Crime Investigation Agency and a Public Prosecution Service in October — the Corruption Investigation Office for High-ranking Officials has submitted an opinion to the Office for Government Policy Coordination calling for amendments to the CIO Act, including provisions to clarify the investigative procedures of CIO prosecutors.
The CIO held a briefing Tuesday morning in Gwacheon, Gyeonggi Province, announcing that it had submitted its opinion on Friday to the Office for Government Policy Coordination calling for amendments to the CIO Act related to investigative procedures. The move comes as the National Assembly debates revisions to the Code of Criminal Procedure ahead of the dissolution of the Prosecution Service and the establishment of the Serious Crime Investigation Agency and the Public Prosecution Service, with the CIO continuing to press its position beyond its earlier statement.
At a briefing on July 14, the CIO said the CIO Act incorporates provisions of the Prosecution Service Act and the Code of Criminal Procedure regarding the duties and authority of CIO prosecutors and investigators. "Even if prosecutors' investigative powers are abolished, CIO prosecutors and special prosecutors will remain. Separate provisions are needed," it said.
The CIO said Tuesday that it had submitted its opinion calling for amendments to the CIO Act to ensure that, as revisions to the Code of Criminal Procedure proceed, the relevant articles clearly define investigative procedures for CIO prosecutors — such as emergency arrests and summons — leaving no room for legal interpretation disputes.
The agency also said it included in its opinion a proposal to establish an "additional investigation referral" system, taking into account past conflicts with prosecutors over "supplementary investigation demands." The CIO and prosecutors had clashed over supplementary investigation demands in connection with a bribery case involving a senior Board of Audit and Inspection official. That case bounced between the two agencies for more than two years, ultimately resulting in some charges being dropped without indictment.
The CIO maintains that prosecutors have no legal basis to demand supplementary investigations from the agency. Spokesperson Kim Baek-gi said Tuesday: "The concept of supplementary investigation demands arose from the relationship between prosecutors and judicial police officers — it is not a term used between prosecutors. We submitted the opinion that if a Public Prosecution Service prosecutor who receives a case from the CIO determines that additional investigation is needed, they should consult with the CIO prosecutor and proceed with the additional investigation."
The CIO also submitted an opinion calling for a legal amendment to make senior civil servants at grade 3 and above at the new Serious Crime Investigation Agency subject to its investigative jurisdiction. "Senior civil servants at grade 3 and above at the Board of Audit and Inspection, the National Tax Service, the Korea Fair Trade Commission and other agencies are already subject to investigation," Kim said. "The Serious Crime Investigation Agency should be included as well."
The CIO also said regulations currently requiring investigators to receive treatment equivalent to that of prosecution civil servants should be revised to align with the standards of the Serious Crime Investigation Agency instead. Separately — though not included in the opinion submitted to the Office for Government Policy Coordination — the agency called for changing the rule limiting CIO investigators to a six-year term with the possibility of reappointment, arguing that other investigative agencies such as the Korean National Police Agency impose no fixed term.
"We understand that discussions on revisions to the Code of Criminal Procedure and related matters are moving quickly in the National Assembly," Kim said. "If there is a need to submit additional opinions, we will do so."
bell@heraldcorp.com
