Original Source
Concerns over 'Excessive and Inadequate Investigations' Rise as Prosecutors Lose Control over Special Judicial Police
Abolition of Prosecutorial Investigative Authority Raises Concerns
The abolition of prosecutors' investigative authority over special judicial police officers (SJPOs) through the amendment of the Public Prosecutor's Office Act has passed the National Assembly, raising concerns about a potential supervisory void. SJPOs, who are granted investigative powers in specific areas such as food safety, pharmaceutical management, and environmental pollution, have historically relied on prosecutors' direction and supervision to compensate for their lack of investigative expertise. However, with the direct oversight of prosecutors now removed, there is criticism that this could lead to inadequate investigations.
Lack of Investigative Experience and Statute of Limitations Issues
As of 2024, 48.0% of the 20,000 SJPOs have less than one year of investigative experience, and only 35.3% have served for two years or more. This lack of practical investigative experience could undermine the thoroughness of investigations. A Seoul High Prosecutors' Office prosecutor noted in an internal memo that frequent reassignments of SJPOs every 1-2 years could lead to cases exceeding their statute of limitations. For instance, in a case involving the sale of 10 billion won worth of 'counterfeit glasses and sunglasses,' the SJPOs' initial arrest warrant request for the company representative was rejected. However, with prosecutorial guidance, a renewed request for the warrant was successfully issued, demonstrating the critical role of prosecutorial supervision in enhancing investigative capabilities.
Criticism of Unattainable Judicial Control
The removal of the provision requiring investigators belonging to the Central Investigation Agency to notify Public Prosecutor's Office prosecutors when commencing investigations is also contentious. While proponents claim this prevents undue interference, critics argue that it makes judicial control impossible, as other agencies would be unaware if investigations are handled inadequately. Voices from across the legal community express concern that these changes could ultimately result in harm to the public.
*Source: YouTube: YTN (2026-03-21)*
