Korea’s New Prosecutorial Law: What You Need to Know About the Public Prosecution Act and Its Impact

The National Assembly, led by the Democratic Party, on the 20th approved the Prosecution Office Act, which limits the prosecution office’s role to charging defendants and codifies prosecutors’ duties and authorities in statute. The People Power Party filed a filibuster against the Serious Crimes Investigation Agency Act (SCIA Act), the second item on the agenda.

The Assembly first approved a motion to end the open-ended debate on the Prosecution Office Act and then moved to a vote on the bill. The secret-ballot motion to close debate passed unanimously among the 180 members present. The Prosecution Office Act was then approved by a vote of 164 in favor and 1 opposed out of 165 members present.

The central change in the enacted Prosecution Office Act is restricting the office’s functions to prosecution only. The bill also allows prosecutors to be removed without impeachment proceedings and sets prosecutors’ duties and authorities in law.

The People Power Party launched a filibuster starting the previous day to block passage, arguing that separating investigation from prosecution could effectively grant wrongdoers impunity. Lawmakers Yoon Sang-hyun, Cho Bae-sook, Gwak Gyu-taek, Kim Jae-seop, Song Seok-jun and Choi Hyung-do led the opposition debates. Democratic Party lawmaker Lee Seong-yun and independent lawmaker Choi Hyuk-jin also participated, voicing support for the bill.

After the Prosecution Office Act, the Assembly took up the SCIA Act, which specifies the agency’s investigative targets by law. The bill lists major targets as crimes related to corruption, economic offenses, drugs, cybercrime, defense procurement, and crimes tied to insurrection and foreign-exchange violations. Under the proposal, the SCIA would be placed under the Ministry of the Interior and Safety.

The People Power Party also filed a filibuster against the SCIA Act. As of 5 p.m. that day, the first speaker, lawmaker Lee Dal-hee, was conducting opposition debate. The Democratic Party immediately submitted a motion to end the filibuster. Accordingly, if a secret ballot held after 4:02 p.m. on the 21st secures the support of at least three-fifths of all members, the filibuster will end and the Assembly will proceed to a vote on the bill.

Meanwhile, the Democratic Party plans to submit a state audit plan to the plenary immediately after passing the SCIA Act on the 21st. Because the People Power Party intends to filibuster that plan as well, lawmakers expect that item to be addressed on the 22nd. After the state audit plan is resolved, the Assembly is likely to hold a secret ballot to designate the special law supporting RE100 industrial complexes as a fast-track bill.