Editorial Prosecutors' Office Closes, Public Prosecutors' Office and Serious Crimes Investigation Agency Launch… Judicial Reform Under Test Amid Hope and Concern

Dismantling Monopoly Powers and Establishing Checks and Balances

The Prosecutors' Office disappears into history as the Public Prosecutors' Office and the Serious Crimes Investigation Agency (SCI) open their doors. This reorganization, which completely separates investigation and prosecution, represents the most significant transformation in our criminal justice history.

Above all, it is intended to end the abuses that occurred when a single organization wielded both investigative and prosecutorial powers, exercising unchecked authority, and to establish checks and balances among government agencies.

If a structure takes root in which the prosecution agency carefully reexamines cases brought by investigative agencies, investigative fairness can improve and room for human rights violations can be reduced. This is why expectations have arisen that ending the era when power was concentrated in a single institution and establishing checks and balances throughout the judicial process will become an opportunity to restore public confidence in the judiciary.

Practical Challenges of Loss of Investigative Expertise and Trial Delays

However, the practical concerns behind this grand justification are equally significant. There are indications that if the investigative expertise and specialized knowledge accumulated by the prosecutors over the years becomes dispersed during the organizational restructuring, the ability to prosecute major financial and white-collar crimes or serious offenses could diminish.

As investigative and prosecutorial powers are divided, there is a great risk that endless requests for supplementary investigations and coordination of differences between agencies will ensue. If case processing is repeatedly delayed, the damage will fall directly on the public—suspects and victims who should receive swift trials and remedies.

Political Independence and Vigilance Against Another Powerful Investigative Agency

Whether the newly created agencies will be free from political influence is also crucial. If the SCI grows into another powerful investigative agency that sways to government pressure like the former prosecutors' office, the separation of investigation and prosecution becomes merely a change of signage. The Public Prosecutors' Office likewise must not remain an organization that simply stamps approval on prosecutions, but must properly fulfill its role as a controller monitoring illegalities in investigative processes.

The purpose of judicial system reform is not to change the name plates of institutions. Its essence is protecting the interests of the people and establishing social justice. To prevent any institution wielding absolute power from ever appearing again, system improvements must continue even after launch to fill in any gaps.

The success or failure of the system ultimately depends on its operation and oversight. This is a time when citizens must keep a keen eye on whether the Public Prosecutors' Office and the Serious Crimes Investigation Agency overcome initial confusion and maintain neutrality and professionalism.