A king piece symbolizing the Ministry of Interior and Safety is shown crushing a pawn representing the prosecution on a chessboard. This is a symbolic image expressing concerns that the concentration of power in the Ministry of Interior and Safety overwhelms the presence of prosecutorial agencies, despite the separation of investigation and prosecution after prosecutorial reform. Hanmi Ilbo Graphic.

With the passage of prosecutorial reform bills through the National Assembly, the ruling party celebrated the political achievement of "completing the reform." 

However, implementation has been postponed by a year, and the actual distribution of authority depends on decrees and enforcement rules. While the prosecution office will disappear from history with the promulgation of the law, the void left by the prosecution will be filled by the Public Prosecution Service and the Major Crimes Investigation Agency (MCIA). 

While the tangible benefits for the public remain uncertain, the effects of power reshuffling are evident. Ultimately, although Representative Jeong Cheong-rae of the Democratic Party of Korea can claim victory in the general principles, analysis from within and outside the political sphere suggests that President Lee Jae-myung holds the initiative in the specific details.

The primary justification for this amendment is the complete separation of prosecutorial and investigative powers. 

The structure has been reorganized so that the Public Prosecution Service will exclusively handle indictments, and the MCIA will investigate power-related and large-scale cases. While the intention is to curb the concentration of power, the benefits for the public are limited. 

With the separation of investigation and prosecution, delays in case processing and gaps in responsibility are inevitable, and confusion due to conflicts in authority may fall upon the victims. While it is said that prosecutorial power has been reduced, it is difficult to readily answer whether the rights and interests of the public have been correspondingly strengthened.

The decision to place the MCIA under the Ministry of Interior and Safety, rather than the Ministry of Justice, demonstrates the paradox of reform. 

While the intention was to exclude the influence of the prosecution, the Ministry of Interior and Safety has consequently become a "super ministry," wielding significant investigative authority in addition to the National Police Agency and the National Fire Agency. The public's distrust is likely to grow, with suspicions that the Ministry of Interior and Safety, not the prosecution, now holds quasi-monarchical power.

The problem is the weakness of the mechanisms to check the Ministry of Interior and Safety. While the prosecution could assert a certain degree of autonomy amidst tensions with the Ministry of Justice, the Ministry of Interior and Safety, as a political and administrative body, is inevitably subordinate to the ruling regime's agenda. This is why criticism arises that prosecutorial reform has led to a reinvestment of power rather than a distribution of power.

Overlap in authority with the National Investigation Headquarters is also unavoidable. 

The National Investigation Headquarters oversees the investigation of general crimes, and the Corruption Investigation Office for High-ranking Officials (CIO) handles crimes committed by high-ranking officials. With the addition of the MCIA, all three agencies could potentially intervene in a single case, such as a bribery case involving a member of the National Assembly. Disputes over the authority to initiate investigations are inevitable, and the public will experience delays and confusion in the process. 

The existence of the CIO is particularly precarious. As the MCIA will also cover crimes by high-ranking officials, the functions of the CIO have been effectively absorbed. While established as a symbol of prosecutorial reform, the CIO, now largely defunct due to poor performance and a loss of trust, is being evaluated as heading towards abolition by those in and around the political sphere.

The political calculations are also clear. 

While Representative Jeong Cheong-rae has secured the general principle of passing the bill, President Lee Jae-myung will lead the specific implementation. This is because decrees and enforcement rules fall under the authority of the government. 

President Lee is highly likely to advocate for "gradual and rational" reform to ensure international confidence and the establishment of the system. This approach prioritizes phased implementation over abrupt institutional introduction, minimizes power conflicts, and emphasizes practical operability. 

However, the party's emphasis on speed and the presidential office's emphasis on stability will inevitably lead to friction between the party and the government.

Another issue is the instability of the system. 

Since this reform was carried out through legislative amendment rather than constitutional amendment, it can be reverted at any time if the political power and the composition of seats in the National Assembly change. Just as the CIO, launched with grand aspirations, failed to deliver results and is now on the path to abolition, the sustainability of the MCIA could also be challenged by the next administration. If the cycle of creating and abolishing systems based on political circumstances repeats, the public will have to bear the consequences amidst institutional instability.

Prosecutorial reform has brought political legitimacy and achievements to both the ruling party and the presidential office. However, what has been returned to the public are concerns about case delays, power conflicts, and institutional instability. 

What remains from prosecutorial reform? 

Contrary to the flashy slogans, what remains is the expansion of the Ministry of Interior and Safety, the downfall of the CIO, and a potential "Ministry of Interior and Safety reform theory" that may arise soon. 

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