Agency to probe public officials
Ministry unveils steps to implement President’s pledge
The justice ministry unveiled its measures for an independent agency established to investigate corruption involving senior public officials and their families, Sunday.
The new agency will remain independent from the judiciary, administration and legislature and will have authority over investigation and indictment, which until now only prosecutors had full access to.
This comes as part of President Moon Jae-in’s drive to curb graft and other forms of power abuse, especially among high-level officials and gov- ernment bodies. An independent investigative body has been deemed critical in achieving this agenda.
Calls for an independent investigative body are not new, with the first proposal for one going back to 1996. But it has been delayed due to strong resistance from the prosecution which held the sole authority to both investigate and indict, giving the entity unchecked power and causing concerns over conflict of interest in cases involving prosecutors.
The ministry’s plan mainly draws from the recommendations made by an internal reform panel last month. It said the plan also reflects proposed legislatures in review by the National Assembly and opinions of various groups.
Some measures have been taken to address concerns the agency may yield too much influence. Mainly, the ministry limited the size of the agency to 25 prosecutors from the proposed 50 by the panel, and they may extend their three-year terms up to three times. The proposal also calls for one chief and one vice chief, who will each have a single three-year term. Additionally, the agency may have up to 30 investigators.
Furthermore, the agency is to be kept under check by an external committee which will evaluate non-indictment cases prior to the decision. The court may also exercise a post hoc objection of the decision.
Incumbent officials and those within two years of retirement are subject to agency investigation. This includes the incumbent president, prime minister, lawmakers, the Supreme Court chief, provincial administration chiefs, prosecutor general and general-level military officers. Their family members including spouses and relatives may also be subject to investigation.
In cases involving prosecutors, the prosecution will be banned from taking part in the investigation and are to be solely carried out by the agency. The new agency will also have precedence, upon its chief’s request, over police and the prosecution when their investigations overlap.
Under the proposal, a nomination committee by the National Assembly may recommend two people to lead the agency, and the President may appoint one of them to the post.
The legislative committee will consist of seven members, including the Minister of Justice, the minister of the National Court Administration and the chief of the Korean Bar Association. The measure is to protect the political neutrality of the agency according to the ministry.
The ministry also vowed to actively participate in passing the bill and do its best for quick installation and operation of the agency.