South Korea Strips Prosecutors of Investigative Powers in Landmark Reform
Published on 08/04/2026 at 12:37 | Redaktion boerse-global.de
South Korea's Cabinet has approved a major revision to the Criminal Procedure Act that removes prosecutors' direct investigative powers, a change that will reshape how criminal cases are handled in the country. The reform, passed by the National Assembly on July 31, 2026, and approved by Cabinet on August 4, takes effect on October 2, 2026.
Presidential Backing and Judicial Normalisation
President Lee Jae Myung has signalled he will not veto the legislation, describing the reform as the beginning of judicial normalisation. Speaking at the Cabinet meeting, he said separating investigation from prosecution is a fundamental step toward correcting the criminal justice system, and noted the revision appears free of constitutional defects that would warrant a veto.
While supporting the change, the President acknowledged risks around expanding police authority. He ordered safeguards to prevent a monopoly on power by law enforcement and stressed the need for follow-up measures to keep the system balanced.
What Changes for Prosecutors and Police
Under the new law, prosecutors keep the power to issue indictments but lose the ability to conduct direct and supplementary investigations. Their role becomes limited to requesting that police carry out additional investigative work when needed.
The reform also establishes a new serious crimes agency under the Interior Ministry to handle major cases previously managed by the prosecution. However, the transition has raised questions about the future of specialised joint investigative units. Critics say the current framework lacks a clear follow-up system for these units, which could create investigative gaps and legal uncertainty for the Corruption Investigation Office for High-ranking Officials (CIO) and special prosecutors.
Opposition and Legal Challenges Ahead
The legislation faces significant pushback from the People Power Party (PPP) and civic organisations. Opponents argue that removing prosecutorial oversight could weaken the quality of criminal investigations and leave an insufficient system of checks and balances.
Public opinion appears divided. Recent polls show around 60 percent of respondents favoured a presidential veto, while 64 percent expressed concern that the bill could harm the effectiveness of investigations.
The PPP is reportedly considering legal action, and legal experts suggest a constitutional challenge is likely before the law's October implementation date. The Justice Minister has indicated that corrections to the framework may be made if operational flaws emerge.
Heat Wave Measures on the Agenda
Alongside the judicial reforms, President Lee addressed public safety concerns during the Cabinet session. With temperatures recently exceeding 40 degrees Celsius, he ordered the urgent implementation of heat wave mitigation measures.
