Korea's New Crime Investigation Chief Must Prove Neutrality

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By the Editorial Board (Opinion)opinion@sedaily.com
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Kim Ji-yong, a lawyer nominated to head the Serious Crimes Investigation Agency, answers reporters' questions on Feb. 8 as he arrives at the office set up to prepare for his confirmation hearing at the Changseong-dong annex of the Government Complex Seoul in Jongno-gu, Seoul. Yonhap News - Seoul Economic Daily Opinion News from South Korea
Kim Ji-yong, a lawyer nominated to head the Serious Crimes Investigation Agency, answers reporters' questions on Feb. 8 as he arrives at the office set up to prepare for his confirmation hearing at the Changseong-dong annex of the Government Complex Seoul in Jongno-gu, Seoul. Yonhap News

Kim Ji-yong, nominee to lead South Korea's newly created Serious Crimes Investigation Agency, stressed the agency's political neutrality on the 8th on the way to his first day at the confirmation hearing preparation team. "Fairness, neutrality and procedural justice are extremely important," Kim said. "If given the opportunity to serve, I will do my utmost to settle the organization quickly so that there is not the slightest gap in the nation's response to serious crime." Kim, who has served as head of the criminal division at the Supreme Prosecutors' Office and as deputy chief prosecutor at the Gwangju High Prosecutors' Office, is recognized for expertise across investigations, trials and internal audits. In 2022, Kim opposed the Democratic Party of Korea's push to strip prosecutors of their investigative powers, citing concerns including worsening delays in investigations. Though a former prosecutor, Kim carries no strong political coloring, and observers describe the pick as a safe choice weighted toward stabilizing a new organization.

The agency's launch is imminent, but the challenges are numerous. Of the 2,376 prosecutors and prosecution investigators who applied for investigator posts at the agency, 615 have withdrawn their applications, leaving the agency struggling to secure the investigative staff at its core. The greatest concern is that the independence of its investigations could be compromised. Under the current law governing the agency, the minister of the interior and safety may direct and supervise the agency's chief even on specific cases. The minister also holds the power to recommend the agency's chief and exerts substantial influence over personnel decisions for investigators at grades three through five. The structure makes it difficult to rule out the possibility that the agency could be swayed by pressure from those in power to target particular figures or pursue cases on command. Even so, critics say Kim lacks the weight needed to fend off outside pressure as head of an agency that will oversee investigations into seven categories of serious crime, including corruption and economic offenses.

If Kim clears the hearing, he must put in place substantive safeguards to secure political neutrality and investigative independence. If the agency cannot investigate fairly in politically sensitive cases such as corruption involving those in power and large-scale economic crimes, the organization itself will lose public trust. The government, for its part, must not fall into the temptation of pressing the agency to investigate particular cases for political purposes. Measures are also needed to cooperate with and check the police, whose powers have swelled following the abolition of the prosecution's supplementary investigation authority. If the nation's new central investigative body fails to protect wronged victims or is reduced to a servant of power, the damage will fall squarely on the public.

Original reporting by the Editorial Board (Opinion) for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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