Seoul: A Cheong Wa Dae spokesperson announced Tuesday that President Lee Jae Myung has nominated lawyer Kim Ji-yong as the first head of the Serious Crimes Investigation Agency, which is set to launch alongside the Prosecution Service on Oct. 2. Kim, a former chief of the Criminal Affairs Department at the Supreme Prosecutors' Office, will lead the agency for two years following his confirmation hearing.
According to Yonhap News Agency, a revision to the Criminal Procedure Act, pushed through by the Democratic Party of Korea and promulgated by the Lee administration, has transferred the country's core investigative functions to the new agency. The Prosecution Service will now handle prosecutions exclusively, ending 78 years of its investigative role. This move comes despite significant concern and opposition, and the appointment of a former prosecutor to lead the agency reveals a contradiction in acknowledging the prosecution's investigative capabilities, which the administration sought to dismantle.
Kim Ji-yong, while serving at the Supreme Prosecutors' Office in 2022, had expressed concerns over abolishing prosecutors' supplementary investigative authority. He highlighted that in 30.5 percent of cases where supplementary investigations were requested, it took police more than three months to complete them. Kim warned that eliminating this authority could lead to public harm due to delays in case processing.
The administration's decision to abolish the prosecution as an institution raises fundamental questions. The issue of "political prosecutors," accused of biased investigations, could have been addressed by reforming the system rather than dismantling it. This decision has burdened the public with the consequences of an unprepared criminal justice system.
The Serious Crimes Investigation Agency is grappling with significant operational challenges. With three weeks until its launch, the agency faces staffing shortages, with over 1,100 positions vacant out of its authorized workforce of 2,874. The Ministry of the Interior and Safety reports that 615 out of 2,376 applicants have withdrawn, leaving a significant gap. The task force plans to recruit additional personnel from police officers, lawyers, accountants, and patent attorneys, but the staffing shortfall remains critical.
Additionally, essential computer and communications equipment for investigations will not be fully installed until December. The agency is expected to handle 20,000 to 30,000 cases annually, requiring specialized expertise. If cases accumulate without experienced personnel and adequate equipment, the agency may become overwhelmed, allowing criminals to evade justice and imposing costs on the public.
The Democratic Party and the Lee administration, driven by their agenda to strip prosecutors of investigative authority, have pushed forward with dismantling the prosecution without adequate preparation. They bear the responsibility for the potential fallout as the new agency launches underprepared.