On October 2, South Korea's criminal justice system will undergo a transformation after 78 years. The prosecution office will be abolished, and two new entities will be established: the Serious Crime Investigation Agency (SICA) to handle investigations and the Prosecution Office to manage prosecutions. This marks the beginning of a complete separation of investigation and prosecution.
With just over ten days remaining, the preparations appear inadequate. There is currently no Minister of Justice, and the positions of the heads of both the Prosecution Office and SICA, as well as the Chief of the National Police Agency, are vacant. The leadership of these four key institutions, which are essential for overseeing the overhaul of the criminal justice system, is entirely unfilled.
In this context, the absence of a 'driver' is evident, as the government has confirmed that SICA will have a staff of 2,874. However, only 1,761 candidates have applied for special appointments, which is just 61% of the total positions. Compared to the Prosecution Office, SICA's situation is somewhat better, as the number of prosecutors for the Prosecution Office has yet to be determined.
Moreover, SICA lacks a physical office. Its headquarters is still under construction. An investigative agency cannot simply be established by placing desks and chairs; it must be equipped to interrogate suspects and witnesses, store evidence, and protect investigation records. Currently, SICA exists only on paper, as it is still bound by a lease agreement.
Even more concerning is the digital infrastructure. SICA will have to rely on the National Police Agency's Criminal Justice Information System (KICS) for its operations. It is expected to take over three years to establish its own KICS.
There are doubts about whether the 'engine' will function properly. Warnings and concerns about the 'patchwork criminal procedure law' are emerging from various quarters. SICA itself has identified three major threats: delays in investigations, challenges in responding to complex serious crimes, and the need for electronic processing of criminal procedures. Just looking at the issue of investigation delays, there are unresolved jurisdictional matters between investigative agencies. The targets of investigations by SICA, the police, and the Corruption Investigation Office for High-Ranking Officials overlap in some cases. In the event of a significant incident, there is a high likelihood of conflict over which agency will initiate the investigation first. More troubling is the opposite scenario, where civil cases are passed between different agencies, leading to delays. In the meantime, evidence may disappear, and statutes of limitations may expire. The investigative jurisdiction adjustment council, which is supposed to resolve these issues, will not begin operations until February 5 of next year. Furthermore, a presidential decree outlining the council's operational methods and personnel structure has yet to be established.
Amid this turmoil, the backlog of unresolved cases is piling up. As of the end of July, there were 165,020 unresolved cases across the nation's prosecution offices, a staggering 71.4% increase from 96,256 cases at the end of the previous year, all within just seven months. The police are facing similar challenges, with 46,793 cases pending for over three months across 262 police stations nationwide as of last month. Even more astonishing is that the police do not know how many cases they will inherit from the prosecution after its dissolution.
Despite these pressing issues, political circles are consumed with a competition for 'clarity in prosecutorial reform' aimed at their strong support bases. Within the ruling party, discussions about candidates for the head of SICA have included references to Nazi war criminal 'Adolf Eichmann' and 'collaborators.' Even a prosecutor with pro-government leanings has publicly criticized the candidate for SICA's leadership on social media, despite reportedly applying for the position. The President, the highest authority, is not exempt from this turmoil. In response to backlash within the ruling party regarding a perceived 'backslide in prosecutorial reform,' he has ordered a change in the name of the Prosecution Office's 'Judicial Control Division.'
The citizens are the ones affected by this situation. All the consequences will ultimately fall on the public. At this point, the government and ruling party must clearly answer the following question: Will normal investigations and prosecutions be possible after October 2?
* This article has been translated by AI.
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