The South Korean government has approved a revision to the Criminal Procedure Act that will completely abolish the direct and supplementary investigation rights of prosecutors. This change, which was passed by the National Assembly and approved by the Cabinet on August 4, will centralize investigative authority with the police, allowing prosecutors to focus solely on prosecution. The revised law will take effect on October 2.
As the Major Crime Investigation Agency (MCIA) prepares for its official launch in October, the Ministry of Interior and Safety has begun a series of briefings for prosecutors. Starting on August 5 at the Busan District Prosecutor's Office, the ministry will hold sessions at 18 local prosecutor's offices across the country, including those in Jeju, Changwon, and Gwangju, until August 12.
The briefing in Busan was divided into two sessions based on the audience: one for prosecutors in a conference room on the 13th floor and another for investigators and general staff on the 2nd floor. According to ministry officials, the session included a detailed 40-minute presentation on the agency's organizational structure, personnel criteria, budget, and office plans, followed by a Q&A session with attendees.
However, the ministry conducted the initial briefing in Busan behind closed doors, restricting access to the press to ensure security. Following the Cabinet's approval of the revision, the ministry held a briefing at the Government Seoul Building, announcing that the MCIA will consist of a headquarters and six regional offices, with a total staff of 2,874, including 2,567 investigators (89.3%) and 307 general staff (10.7%).
Notably, prosecutors transitioning to the MCIA will be classified based on their years of service, with those under ten years receiving a Grade 4 position, those with ten or more years a Grade 3 position, and district chief prosecutors a Grade 1 position. However, this change effectively downgrades the rank of many prosecutors, raising questions about whether they will be willing to make the switch. Additionally, the compensation structure is expected to differ significantly from that of the current prosecutor's office, leading to early signs of reluctance among current prosecutors.
One former prosecutor, now a lawyer, told Aju Economy that a colleague at the Busan District Prosecutor's Office expressed a complete lack of interest in the MCIA, stating they were unaware of the briefing. The lawyer noted, "I haven't heard of any prosecutors planning to join the MCIA. When I asked how disinterested they were, they said they didn't even know who attended the briefing."
Another former chief prosecutor commented, "For prosecutors to move to the MCIA, there needs to be some incentive. With lower ranks and less favorable conditions, it’s hard to see why anyone would want to make the switch. However, those who are committed to continuing in investigations might consider moving, but it seems more likely they would do so to build their careers before transitioning to private practice after a few years." He added that many of his junior colleagues are more focused on whether to resign than on moving to the MCIA, indicating a lack of serious consideration about the transition.
* This article has been translated by AI.
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