Police Push Back Against New Agency's Investigative Powers

With the establishment of the Major Crimes Investigation Agency (MCIA) slated for October, the South Korean police are mounting a significant challenge to the agency's extensive powers regarding case notification and transfer. Police officials express concern that the MCIA could become an overly powerful "monster investigation agency," potentially eclipsing the prosecution's former influence and diminishing the police's own standing.

The police have submitted a formal review of the draft enforcement decree for the MCIA Act to the Ministry of the Interior and Safety. They propose limiting the types of cases that must be reported to the MCIA and establishing specific criteria under which the police can refuse a transfer request. Currently, the MCIA Act mandates that police notify the agency of most serious crimes and comply with transfer requests unless there is a "justifiable reason."

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There is a possibility that the MCIA, with its extensive powers to notify and transfer cases, could become a 'monster investigation agency' that surpasses the former prosecution.

Police argue that without clear guidelines, the sheer volume of approximately 580,000 annual notifications could lead to significant delays. They also fear that being forced to transfer cases midway through investigations, especially after substantial progress has been made, would disrupt case processing and potentially compromise sensitive information. To mitigate this, the police suggest restricting notifications to property crimes involving over 500 million won (approximately $360,000 USD) and bribery cases under the Act on Special Cases Concerning the Punishment of Specific Economic Crimes.

Furthermore, the police want to define "justifiable reasons" for refusal to include situations where key witnesses or suspects are being interrogated, or when compulsory investigations have commenced or been completed. A senior police official expressed frustration, stating that investigators who diligently pursue cases might face the "disheartening situation" of having their work handed over to the MCIA. This potential outflow of experienced personnel to the MCIA is seen as a serious threat to the police's efforts to bolster their investigative capacity following the abolition of the prosecution service.

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We could face the disheartening situation where cases that we have diligently investigated are taken away by the MCIA. Investigators with a desire to pursue cases will likely consider moving to the MCIA rather than staying with the police.