July 9 (Asia Today) — Legal experts are raising concerns that South Korea is rushing to launch a new Major Crimes Investigation Agency in October before the institution’s basic design has been completed.

Critics say the agency’s launch is being pushed forward even though key issues remain unresolved, including whether a planned Public Prosecution Office will retain supplementary investigation authority. They also point to uncertainty over personnel, organizational structure and budget, saying a normal launch may be difficult.

Jung Ji-woong, a lawyer who served as an advisory member of the prosecution reform task force, said the government decided to abolish the Prosecutors’ Office and create the Public Prosecution Office and Major Crimes Investigation Agency through a revision to the Government Organization Act, but did so without a clear plan for how the new bodies would operate.

“At the time, there was no design at all for how the organizations would operate, how personnel would be assigned or what functions they would perform,” Jung said. “The idea of changing a system directly tied to public safety, such as the national criminal justice system, within a year without sufficient design and verification is itself a problem.”

Jung said the unresolved question of whether the Public Prosecution Office will have supplementary investigation authority is a major obstacle.

“Depending on whether the Public Prosecution Office is given supplementary investigation authority, even in a limited form, the placement of investigators and the structure of the organization will change,” he said. “But with less than three months left before the launch, its functions still have not been confirmed.”

He added, “Creating the organization first before deciding its core functions cannot be seen as a normal way to run the state.”

Jung compared the restructuring to splitting a foldable smartphone in half.

“Dividing a Galaxy Fold phone in two does not mean each device will function normally,” he said. “The system will not work simply by dividing the prosecution into two bodies and assigning people. Sufficient simulation and verification must come first.”

Lim Moo-young, a former prosecutor and lawyer at K1 Chamber, also said a normal launch appears difficult under the current circumstances.

“Personnel, organizational structure, budget and even office space remain unfinished,” Lim said. “For any organization, facilities are as important as people, but there is not even enough budget to secure a separate office building.”

He said there is still no solution to the issue of transferring prosecutors to the new investigation agency.

Lee Keun-woo, a law professor at Gachon University and former chairman of the prosecution reform task force’s advisory committee, said securing personnel is the biggest challenge.

“Under the current bill, prosecutors who move to the Major Crimes Investigation Agency would not retain their status as prosecutors, so they cannot be sent there by force,” Lee said. “If the government attempts forced transfers, legal disputes are highly likely to follow.”

Lee said prosecutors and investigators may have little reason to move unless the new agency offers better incentives in promotion or treatment than the Public Prosecution Office.

He also warned that if experienced police officers or investigators from the Corruption Investigation Office for High-ranking Officials move to the new agency in large numbers, the capacity of existing investigative bodies could be weakened.

Even if transitional rules are created to temporarily preserve the Public Prosecution Office’s supplementary investigation authority, delays in investigations may be unavoidable, Lee said.

“The most efficient approach is for the prosecutor who knows the case best to conduct supplementary investigations directly,” he said. “If another agency handles supplementary investigations, procedures will increase and case handling will inevitably slow.”

Lee said the most urgent task is to first confirm the scope of investigations and the organizational structure of the new agency, then create realistic incentives for personnel who would move there.

— Reported by Asia Today; translated by UPI

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