Ruling party seeks to narrow corruption office's remit to judicial officials
Version 2: The Oct. 7 debate has now taken place, with the presenter proposing the CIO be recast as an investigator of investigative bodies, the CIO and academics publicly opposing the narrowing of its targets, and the party planning to introduce the amendment in early November.
In short
Democratic Party lawmakers held a debate on Oct. 7 on overhauling the Corruption Investigation Office for High-ranking Officials (CIO), proposing to remove the president, prime minister and National Assembly members from its investigation targets and focus it on judges, prosecutors, police and other judicial and investigative officials. The party plans to introduce an amendment in early November. The CIO and academics objected, saying the change would weaken checks on political power and concentrate authority in the Interior Ministry, which oversees the new Serious Crime Investigation Agency.
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Legislation and Judiciary Committee Democrats held a debate on Oct. 7 at the National Assembly on a full overhaul of the Corruption Investigation Office for High-ranking Officials (CIO), arguing that its investigation targets should be cut and its investigative scope widened. Under the plan discussed, the president, prime minister and National Assembly members would be removed from the CIO's targets, while judges, prosecutors, police and Serious Crime Investigation Agency investigators could be investigated for any crime, not only offences such as abuse of authority and bribery as under current law. [ 2 , 4 , 5 , 8 ]
The push follows the launch on Oct. 2 of the Serious Crime Investigation Agency and the Public Prosecution Service, which left the CIO with duties overlapping the new bodies. Rep. Kim Ki-pyo, who hosted the debate, said the president's office anti-corruption experience showed the CIO's structural limits, arguing that trying to cover a wide range of high officials with about 25 prosecutors was itself a cause of failure, and that its targets should be narrowed to misconduct by judicial system officials. [ 2 , 8 ]
Lee Geun-woo, president of the Korean Criminal Procedure Law Association, presented the plan, saying it must be “honestly acknowledged that asking a CIO of its current size and powers to investigate and prosecute the country's top officials' crimes was excessive expectation,” and that the CIO should become an investigator of investigative bodies, or of closed institutions where investigative fairness cannot be expected. He also proposed that legal distortion cases automatically go to the CIO unless they involve its own prosecutors and investigators. [ 5 , 8 ]
The CIO objected. Park Sang-hyun, its investigation planning officer, told the debate that the need was “not to take duties away from the agency but to supplement the system so it can properly perform the duties it has been given.” Seoul Economic Daily reported his argument that with police and the Serious Crime Investigation Agency both under the Interior Ministry, cutting the CIO's investigative powers would concentrate power in one ministry, and that leaving presidential investigations to an agency inside the chain of command is a retreat in checks and balances. [ 5 , 8 ]
Academics also criticised the direction. Han Sang-hoon of Yonsei Law School called reducing the investigative scope “a serious retreat in the system for responding to corruption crimes,” saying a Serious Crime Investigation Agency under the interior minister would find it hard to investigate living political power strictly. Kim Young-joong, a research fellow at the Korean Institute of Criminology and Justice, said the original purpose of the CIO — investigating power-related crimes in an independent body — could be shaken. [ 8 ]
Within the party, Rep. Yang Bu-nam of the Public Administration and Security Committee told MBC radio that he had been “very sceptical” about whether the CIO could fulfil its legislative purpose given its past record and organisational state, and called it reasonable to leave judicial-related personnel to it; another ruling-party committee member said there was no reason for the CIO to keep investigative powers now that the Serious Crime Investigation Agency handles such cases. [ 2 ]
Seoul Economic Daily reported that the party plans to introduce the amendment in early November after the parliamentary audit, but that the political burden of removing the CIO's core power over top political figures, and the CIO's clear opposition, mean the bill's review and negotiations between the parties are likely to face significant difficulty. Separately, Chosun Ilbo reported on Oct. 6 that the party is considering expanding the CIO into a nationwide organization with regional bases to keep constant watch on prosecutors, police and judges. [ 3 , 8 ]
Why it matters
The proposal would move investigations of the president, prime minister and legislators from an independent agency to the Serious Crime Investigation Agency, which the documents place under the Ministry of the Interior and Safety, and the CIO and academics cited in the coverage say that raises questions about checks on power. It follows the Oct. 2 launch of the Serious Crime Investigation Agency and the Public Prosecution Service, which left the CIO's role overlapping with the new bodies. Passage is not assured: the documents note opposition from the CIO and political risks for the ruling party.
Key facts
- Democratic Party lawmakers are pushing to revise the CIO Act so the agency concentrates on judicial and investigative officials, excluding the president, prime minister and National Assembly members from its targets. [ 1 , 2 , 4 , 7 , 8 ]
- For judges, prosecutors, police and Serious Crime Investigation Agency investigators, the CIO's investigative scope would widen to all crimes, beyond the current limits to offences such as abuse of authority and bribery. [ 2 , 4 , 8 ]
- The Serious Crime Investigation Agency and the Public Prosecution Service were launched on Oct. 2, changing the criminal justice system and creating overlapping duties with the CIO. [ 1 , 2 , 8 ]
- Legislation and Judiciary Committee Democrats held a debate on a full overhaul of the CIO on Oct. 7 at the National Assembly, co-hosted by five party lawmakers. [ 5 , 8 ]
- Lee Geun-woo, president of the Korean Criminal Procedure Law Association, told the debate that expecting the CIO at its current size to investigate the country's top officials was excessive, and proposed making it an investigator of investigative bodies. [ 5 , 8 ]
- CIO investigation planning officer Park Sang-hyun opposed the direction, saying that with police and the Serious Crime Investigation Agency both under the Interior Ministry, cutting the CIO's powers would concentrate power in one ministry. [ 5 , 8 ]
- The party plans to introduce the amendment to the CIO Act in early November, after the parliamentary audit. [ 8 ]
- Chosun Ilbo reported the party is considering expanding the CIO into a nationwide organization with regional bases to monitor prosecutors, police and judges. [ 3 ]
Confirmed by several sources
- Democratic Party lawmakers are pursuing an amendment to the CIO Act that would refocus the agency on judicial and investigative officials. [ 1 , 2 , 4 , 5 , 7 , 8 ]
- The Serious Crime Investigation Agency and the Public Prosecution Service were launched on Oct. 2. [ 1 , 2 , 8 ]
- A debate on a full overhaul of the CIO was held on Oct. 7, with the change of the criminal justice system and the CIO's investigation record given as reasons. [ 5 , 8 ]
- The CIO objected to the plan to take top-level political cases out of its remit. [ 5 , 8 ]
Still unclear
- Whether the amendment can pass the National Assembly Dong-A Ilbo reported that opposition from the main opposition party to narrowing the CIO's targets is seen as a variable, but the documents give no detail on that opposition's position.
- Whether the Serious Crime Investigation Agency, which the documents place under the Ministry of the Interior and Safety, can investigate politicians neutrally Hankook Ilbo reported that this objection has been raised and the CIO and academics repeated it, but the documents give no response from the agency or the government.
- Whether the plan to expand the CIO nationwide, with regional bases, will be part of the legislation The plan appears only in Chosun Ilbo's report, which says it is under review; the other documents describe a narrowing of the CIO's targets instead.
What local media are saying
Timeline, local time
- The Serious Crime Investigation Agency and the Public Prosecution Service are launched, restructuring the criminal justice system and creating overlap with the CIO. [ 1 , 2 , 8 ]
- Dong-A Ilbo reports that Democratic Party lawmakers are pushing a CIO Act revision narrowing the agency's targets to judicial officials, to begin with an Oct. 7 debate. [ 1 ]
- Rep. Kim Ki-pyo says the CIO should focus on inspecting investigative and judicial institutions and that he will propose the amendment after the Oct. 7 debate. [ 2 ]
- Chosun Ilbo reports the party is considering expanding the CIO into a nationwide organization with regional bases to monitor prosecutors, police and judges. [ 3 ]
- Chosun Ilbo reports the party's proposal to remove the president and National Assembly members from the CIO's investigation targets while widening its scope. [ 4 ]
- Yonhap reports the Legislation and Judiciary Committee debate, where the presenter calls for the CIO to be recast as an investigator of investigative bodies and the CIO official raises objections. [ 5 ]
- Seoul Economic Daily reports the debate and the CIO's and academics' objections, and that the party plans to introduce the amendment in early November. [ 8 ]