New Serious Crime Agency Faces Jurisdiction Gap With Police

South Korea’s newly launched Serious Crime Investigation Agency could face early friction with the police because the boundary between their investigative powers remains unclear, raising concerns about duplicated work and confusion over major cases.

The agency, known as the SCIA, began operating at the start of October as part of a major restructuring of the country’s criminal justice system. A revision to the Criminal Procedure Act effectively dismantled the previous prosecution structure, limiting prosecutors to indicting suspects and maintaining cases in court. Investigative authority is now divided between the SCIA and the police.

Under the revised law, the SCIA is responsible for seven categories of major crime: corruption, business and economic offenses, defense procurement, narcotics, national security, cybercrime and distortion of the law. However, the legislation does not establish a clear threshold for what makes an offense “major.” It also leaves open whether the agency should investigate relatively minor conduct when it falls within one of those categories.

That uncertainty could create practical disputes over which institution should take a case. Police already investigate offenses across all seven categories and have a nationwide workforce and established infrastructure. The new agency, meanwhile, has been created specifically to handle serious cases in those same areas. Without detailed allocation rules, both bodies could assert authority over an investigation or spend time negotiating which one should lead.

The law anticipates the problem by requiring an Investigation Jurisdiction Coordination Committee to clarify the scope of each agency’s powers. But the committee is not due to be established until after Feb. 5. For at least the next three months, the SCIA and police will therefore depend on voluntary consultation to prevent clashes and disruptions.

Seoul Metropolitan Police Agency Commissioner Ko Beom-seok has said police will watch the situation closely so that the anticipated concerns do not materialize. He also pledged close cooperation with the SCIA to minimize confusion following its launch.

The transition will test whether South Korea’s new separation between indictment and investigation can function smoothly before the coordination framework is in place. Clear case-transfer procedures and prompt consultation will be important to avoid delays, conflicting demands on suspects or evidence, and uncertainty for investigators handling complex crimes.