Ministry of Justice “Reorganization of the late direct investigation department”… Are you pulling the reins

Input 2021.03.08 16:09

Ministry of Justice work plan for 2021



Woojung Shim, Head of Keynote Office, Ministry of Justice / Provided by Ministry of Justice

The Ministry of Justice announced that it will establish a new criminal justice system, such as reorganizing the prosecution’s direct investigation department as a core project this year. The Ministry of Justice is far from the’complete deprivation of the prosecution’s right to investigate the prosecution (complete inspection)’ promoted by the ruling party, but it is noteworthy whether the reorganization of the direct investigation department will lead to’complete inspection’ in the long term.

The Ministry of Justice said in the ‘2021 business plan’ reported to President Moon Jae-in on the 8th, saying, “We will establish a new criminal justice system and pursue continuous reforms.”

The Ministry of Justice said it would first reorganize the prosecution organization in accordance with the adjustment of the investigative powers following the revision of the Criminal Procedure Act and the Prosecutors’ Office Act last year. To this end, ▲ reorganization of the direct investigation department and rearrangement of the investigative manpower ▲ establishment of the’dedicated human rights protection department’ and the’investigation cooperation department’ ▲ reorganization of the criminal prosecutor’s office in preparation for the trial ▲ the prosecution of the trial department said that it would greatly strengthen the personnel and organization of the court.

According to the Prosecutors’ Office Act revised last year, the scope of direct investigation by prosecutors was limited to six categories: corruption crimes, economic crimes, crimes of public officials, election crimes, crimes in defense projects, and major disasters. In the midst of this, the ruling party is currently professing to achieve’complete inspection’ through the establishment of the Severe Crime Investigation Office.

The Ministry of Justice does not officially mention’complete inspection’, but it is steadily pursuing policies to reduce the prosecution’s direct investigation rights. This work plan also included a plan to establish a separate investigative agency instead of reducing the direct investigation by the prosecution.

The Ministry of Justice said, “We will establish a separate investigative agency to prevent the decline in national investigation capabilities for corruption, economic, and financial crimes due to the reduction of direct prosecution investigations.” “I will come up with a response plan.”

The Ministry of Justice also said, “We will improve the objectivity of exercising the prosecution rights through the reform of internal and external control systems such as the Prosecution Citizen’s Committee and the Investigation Deliberation Committee, and the reasonable exercise of the prosecution command by the Minister of Justice.” He said, “We will improve the inspection system by improving the direct inspection system of the Ministry of Justice and strengthening the post control of the self-inspection of the prosecution.

In addition, “I will conduct reasonable and fair prosecutors’ personnel,” and “The Prosecutors’ Personnel Committee will be substantive to conduct reasonable and fair prosecutors’ personnel, and by standardizing the procedure and method of listening to the prosecutor general’s opinion on prosecutors’ personnel, transparency and fairness can be secured. “I will promote the improvement of existing systems.”

After a briefing, the head of the Ministry of Justice’s keynote chief Shim Woo-jung asked, “What is different from the ruling party’s bill regarding the prosecution’s segregation of investigation and prosecution rights?” “But now, it is important to ensure that the new criminal justice system, which has been implemented from this year, is settled and anti-corruption investigation capabilities do not retreat.”

Regarding the reorganization of the Direct Investigation Department and the Prosecutor’s Office of the Criminal Department, Director Shim said, “Many changes are already taking place on the front line with the enactment of a law that restricts direct investigations by prosecutors to the six major crimes from this year.” “We plan to promote the reorganization based on empirical statistics. And in the process, we plan to fully discuss with the Great Sword.”

“The prosecutor’s office of the criminal department was previously organized around an investigation function, but next year, as the evidence ability of the interrogation record for suspects is limited, it is necessary to reorganize the prosecutor’s office in the criminal department not focusing on investigation, but focusing on the function of preparing a trial in court. I will prepare a room.”

However, even inside the Ministry of Justice, it is pointed out that the performance of’Strict Control of the Five Major Corruption Crimes (bribery, spoilage, misappropriation, embezzlement, denunciation)’ due to the reduction of direct prosecution investigations. The Ministry of Justice said in the ‘2020 Self-Assessment Result Report’, “As the prosecution’s direct investigation was reduced due to the concentration of capacity to maintain prosecution in the case of Gukjeong Nongdan and the abolition of special tasks, the performance indicator of the’five major corruption crimes crackdown’ performance was poor.” Revealed.

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