South Korea Splits Prosecution and Investigative Powers in Justice Overhaul

South Korea launched a restructured prosecution service and a separate serious-crime investigation agency on Friday, formally dividing powers that had long been concentrated in the prosecutors’ office. The change is one of the country’s most consequential overhauls of the criminal justice system in decades.

The Serious Crimes Investigation Agency and the reorganized Prosecution Service were due to hold separate launch ceremonies later Friday. Together, they replace the prosecutors’ office that had operated for 78 years with authority over both investigations and indictments.

Under the new structure, prosecutors are responsible for indicting suspects and maintaining cases in court. The new agency will investigate corruption, defense-industry offenses, insurrection and other serious crimes. The division is intended to answer longstanding criticism that prosecutors possessed excessive influence because they could both investigate alleged wrongdoing and decide whether to bring charges.

The launch begins a practical test of whether two institutions can coordinate effectively while keeping those functions separate. Critics have questioned whether prosecutors can make sound charging decisions and sustain cases without any power to conduct supplementary investigations. Concerns have also been raised that removing that authority could shift too much investigative power toward the police.

Those concerns have gained attention amid recent public scrutiny of police conduct. One case cited in the debate involved a missing-person investigation on Jeju Island that was closed without confirming the missing woman’s safety. The controversy has intensified questions about oversight and accountability across the investigative system as the new arrangements take effect.

Both new bodies started without permanent chiefs. President Lee Jae Myung has requested a parliamentary confirmation hearing for Kim Ji-yong, his nominee to become the inaugural head of the Serious Crimes Investigation Agency. The absence of confirmed leadership adds an immediate operational challenge during the transition.

Staffing is another pressure point. The new investigation agency began work with about 1,900 employees, equivalent to roughly 66 percent of its authorized workforce of 2,874. That gap could affect how quickly it absorbs complex cases and establishes procedures for working with prosecutors and police.

The reform’s success will ultimately depend on more than the formal transfer of authority. Investigators must build cases that prosecutors can take to court, while prosecutors must assess evidence without recreating the broad investigative reach the overhaul was designed to end. How the institutions handle that boundary will shape public confidence in the new system.