With the implementation of the revised criminal procedure law, labor inspectors will begin operating independently in their investigations starting October 2. The government has restructured the investigation oversight system to place final responsibility for case handling on local labor office heads, while also introducing an investigation review committee with external experts and practical investigation training.
On September 30, the Ministry of Employment and Labor held a national meeting with department heads and the heads of 49 local labor offices to review the response measures for the independence of labor inspectors' investigative authority in light of the upcoming law changes.
The revised criminal procedure law will take effect on October 2, eliminating the prosecutor's oversight of investigations conducted by labor inspectors, who are special judicial police officers. In response, the Ministry has established a responsibility-based investigation oversight system centered on local offices.
The 'Labor Inspector Investigation Rules' set to take effect on October 2 outline the principles of investigation, the authority of oversight, and the procedures and methods involved. Local office heads will bear final responsibility for handling labor cases, supported by department heads who will assist in the actual investigations. The rules also formalize procedures to ensure that the investigative judgments of frontline inspectors are not unduly restricted.
To ensure the fairness and objectivity of investigations, the Ministry will establish investigation review committees involving external experts in investigation and legal fields at the central office and seven regional offices. These committees will review the legality and appropriateness of investigations and address any objections raised by parties involved in the cases. Additionally, a standardized investigation manual will be created to minimize discrepancies in investigation outcomes across different regions.
For cases with significant social impact or those spanning multiple regions, the central office will provide support. In instances involving legal issues, guidance and advice from prosecutors will be utilized to maintain consistency and coherence in investigations.
The Ministry has also enhanced its training programs. Following the 'Labor Inspector Investigation Capacity Enhancement Training Plan' established in August, new inspectors will undergo a 12-week training program, with eight weeks dedicated to practical 'investigation school' training. This training will involve hands-on experience with simulated cases based on actual reports, covering the entire process from case reception to investigation and closure. Since May, approximately 700 new inspectors have participated in this intensive 12-week training, starting with 206 new inspectors.
For current inspectors, the Ministry will expand criminal law training specialized in labor cases and conduct separate workshops for managers at the section and team leader levels. Next year, the Ministry plans to establish the first specialized training institution for labor investigations, tentatively named the 'Labor Investigation Training Center.'
The independence of labor inspectors' investigative authority is also linked to a significant increase in personnel. The Ministry announced in April that it aims to expand the number of central and local labor inspectors from about 3,000 to 8,000 by 2028 as part of its restructuring plan.
As the number of inspectors rapidly increases and the oversight by prosecutors is eliminated, ensuring the investigative expertise of individual inspectors and local offices becomes even more critical.
Kim Young-hoon, Minister of Employment and Labor, stated, 'Local office heads are no longer just administrative managers; they are now the final decision-makers for handling labor cases in their jurisdictions.' He urged, 'While respecting the judgments of frontline inspectors, please examine cases carefully from the perspective of the public.'
He also emphasized the need to continuously conduct enhanced investigative capacity training prepared for the independence of investigative authority and to actively collaborate with relevant agencies. 'We must create a trustworthy employment and labor administration through fair and rigorous labor investigations based on unwavering commitment and professionalism in this changed investigative environment,' he added.
* This article has been translated by AI.
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