The Public Prosecution Office and the Serious Crimes Investigation Agency formally launched on the 2nd after a painful overhaul that abolished the Prosecutors' Office and separated investigation from indictment, but confusion spread through courtrooms, investigation units and public service counters from the first day. Trials were postponed after questions arose over the legal status of prosecutors seconded to special counsel teams whose institutional affiliation had changed, while some regional investigation offices were unable to process public requests because staffing, computer systems and office buildings were not ready. The opening ceremonies also stood in contrast: about 100 people crowded into the investigation agency event, while the prosecution office held its ceremony quietly with only a handful of senior officials present.
According to legal sources on the 2nd, the Seoul Central District Court's Criminal Division 36, presided over by Judge Lee Jung-yeop, postponed to the 16th the final hearing in the case concerning allegations surrounding the relocation of former President Yoon Suk-yeol's official residence. At issue was whether a prosecutor seconded to the special counsel team while attached to the now-abolished prosecutors' office could continue taking part in the trial under the existing secondment order after the launch of the Public Prosecution Office.
"There does not appear to be a clear transitional provision stating that a secondment order issued while the prosecutor was attached to the prosecutors' office remains valid after the affiliation changed to the Public Prosecution Office," the court said, noting that the proceedings held that day could be invalidated if a new secondment order turns out to be required. The special counsel side said it understood that the secondment of prosecutors to the Public Prosecution Office requires presidential approval, and that the request and authorization process was taking time. The court ultimately delayed the final hearing to avoid a procedural dispute.
The same question surfaced in the appellate trial over allegations that Seoul Mayor Oh Se-hoon had someone else pay for opinion polls on his behalf. Before the final hearing on the 2nd, the Seoul High Court's Criminal Division 7, presided over by Judge Ku Hoe-keun, said there appeared to be cases where secondment had become problematic because the prosecutors' office had been abolished and replaced by the Public Prosecution Office, adding that the law did not seem to address the matter clearly. Considering the possibility that the issue could resurface, the court asked that assistant special counsels handle as much of the argument as possible, then proceeded with the final hearing as scheduled. The question of the legal status of seconded prosecutors following the abolition of the prosecutors' office was thus raised repeatedly in court on the very first day of the new agencies' operation.
At regional investigation offices, the lack of preparation was on full display from day one. At some of the six regional offices, building work and the assignment of investigators to departments had not been completed, and equipment such as computers had not been properly distributed. The Daegu office could not use the Korea Information System of Criminal Justice Services (KICS), leaving staff unable even to open documents sent by police, so urgent paperwork had to be exchanged in hard copy. The Gwangju office received its first case but could not issue a receipt confirmation because it lacked the relevant form, while at the Suwon office some employees had not been told which department they would work in until the day before the launch.
Regional prosecution offices fared little better. At the Daegu District Public Prosecution Office, the system certification needed for the transition to the new body had not been completed, halting the intake of public requests. Citizens who came to obtain certificates or handle fine-related business were turned away, and a notice posted in the building said there was no set date for the system to be restored.
In contrast to the confusion on the ground, the investigation agency's opening ceremony reflected expectations for the new body. About 100 people attended, including Interior and Safety Minister Yoon Ho-jung, National Court Administration head Noh Kyung-pil, other government and judiciary officials, and agency staff. "Even if investigation and indictment are separated, the responsibility to the public must not be divided," Yoon said. Jeon Jong-min, the agency's first deputy chief, said, "We will take the mistakes of the past as a mirror and will not repeat the same wrongs under a different name."
By contrast, the opening of the Public Prosecution Office, which took over after the prosecutors' office took down its sign for the first time in 78 years, was a subdued affair. It was held behind closed doors with only a small group present, including acting Public Prosecution Office chief Lee Jung-hyun and senior officials, and many prosecutors were said to have stayed away. "From today, we must prove again to the public why the Public Prosecution Office exists and restore its trust," Lee said.
