The launch of the new Prosecutorial Office and Serious Crime Investigation Agency is just five days away, yet the appointment of their first leaders and the establishment of operational foundations remain incomplete. The Serious Crime Investigation Agency must finalize its facilities and IT systems by the end of the year, while the Prosecutorial Office will need to manage staff reallocations and case transfers under an acting system, suggesting that organizational adjustments will continue after its launch.
According to legal sources on September 27, the Ministry of Justice has yet to form a candidate recommendation committee for the first chief prosecutor of the Prosecutorial Office, which is set to launch on October 2. The process requires recommendations from the committee, approval from the Minister of Justice, and a confirmation hearing in the National Assembly, but it has stalled at the initial stage.
The Korean Bar Association will accept its own candidate recommendations until October 6, after the launch. Although there is a provision allowing for appointments before the law takes effect, the process has not begun. Following the resignation of former Minister of Justice Jeong Seong-ho and candidate Kim Seung-won, the ministerial appointment process has returned to square one. Lee Jeong-hyeon, who took office as the Deputy Chief Prosecutor on September 23, is now leading the transition as acting chief prosecutor.
The Serious Crime Investigation Agency is also facing delays, as its first chief candidate, Kim Ji-yong, was nominated on September 8 but has not yet undergone the confirmation process. Additional scrutiny within the ruling party has further complicated matters. Although the government has established exceptions to allow for special appointments before the chief's official appointment, it appears likely that the new chief will inherit the organization without participating in the initial leadership formation.
The agency's workspace is also incomplete. The main office of the Serious Crime Investigation Agency and the Seoul office will begin using some completed areas of the Renaissance Square in Jung-gu on the opening day, while construction on the remaining spaces will continue until the end of the year. IT and communication facilities and equipment will also be gradually established by December.
The goal for establishing an independent criminal justice information system is set for 2029. Until then, the agency will utilize the existing criminal justice information system (KICS) from the police, while managing case information separately. Essential functions, such as case management, will be operational on the opening day, with additional features added by year-end. The agency must build its operational systems while processing cases simultaneously.
Staffing and allocation are ongoing challenges. A total of 1,962 applicants have applied for special appointments to the Serious Crime Investigation Agency, representing 68.3% of the total staff capacity of 2,874. However, this number reflects applicants rather than final appointments, meaning selection, training, and placement are still pending. A preliminary group of about 90 staff members began working at the main and local offices on September 21, focusing on office assignments, IT connections, and security checks.
In contrast, the Prosecutorial Office faces the challenge of reallocating surplus staff to fit its reduced structure. The Ministry of Justice plans to avoid filling vacancies resulting from transfers to the Serious Crime Investigation Agency and will conduct an organizational assessment after the launch to consider reducing the number of prosecutors. There is a need to bridge the gap between staffing adjustments and actual personnel movements.
One current chief prosecutor noted, "There is no immediate solution for reallocating surplus staff, so it may be best to leave the numbers above the authorized limit for now. If issues arise after the launch, a department may be created to address them, or existing department numbers may be increased." This suggests that solutions for staff reallocation may be sought post-launch.
The internal division of responsibilities within the Prosecutorial Office will also change. The government approved a revision of the organizational structure on September 22, and the Supreme Prosecutor's Office is working on revising directives and regulations while conducting pilot operations at four prosecutor's offices. In the Seoul Central District Prosecutor's Office, the warrant review previously handled by the human rights protection department will be transferred to the criminal department. This requires a simultaneous push for strengthening trial functions and reallocating existing tasks.
The transfer of cases also needs to move beyond guideline preparation to actual implementation. The Supreme Prosecutor's Office disseminated processing standards for ongoing investigations on September 3 and issued transfer guidelines for cases directly pursued by the prosecution on September 9.
As of September 3, there are 2,168 cases subject to transfer due to outstanding warrants. In addition to returning existing arrest warrants and lifting wanted statuses, it will be necessary to reissue warrants and re-enter wanted statuses by the police and special judicial police. The management of related measures, such as travel bans, must also be transitioned, making it crucial to synchronize actions between agencies.
As of August this year, there are 164,822 unresolved cases across the nation's prosecutor's offices. While not all are subject to transfer, the agencies must review accumulated cases to determine which will continue to be investigated exceptionally after the launch and which will be handed over to other agencies. Although the organizational structure and guidelines have been established, the completion of personnel allocation, system enhancements, and case handover processes remains unfinished. Clearly defining the timeline for remaining tasks and responsible parties will be a key challenge immediately following the launch.
* This article has been translated by AI.
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