1.

Separation of Criminal Investigation and Prosecution Powers: Establishment of New Criminal Justice Organs

An amendment to the Government Organization Act (the “Amendment”) will abolish the current Prosecutors’ Office (the “PO”) and establish the Public Prosecution Office (the “PPO”) and the Serious Crimes Investigation Agency (the “SCIA”). The Amendment was promulgated on October 1, 2025, and the provisions establishing the PPO and SCIA will take effect on October 2, 2026, one year after promulgation. A pan-government “Prosecution System Reform Task Force” under the Office of the Prime Minister is currently overseeing the drafting of the bills on the establishment of the PPO and SCIA (hereinafter the “Bills”), as well as related legislation. On January 12, 2026, the initial drafts of the Bills were published for public comment.
 
Once the Amendment takes effect, prosecutorial responsibilities and authorities that currently belong to prosecutors of the PO will be transferred to the PPO, which will be overseen by the Minister of Justice. At the same time, the PO’s current investigative power concerning serious crimes – the scope of which is to be further defined by Presidential Decree and will include corruption offenses and economic crimes – will be transferred to the SCIA, which will be overseen by the Minister of the Interior and Safety.
 
Under the provisions of the draft Bills, conducting “criminal investigations” is not included within the statutory duties of PPO prosecutors. As a result, PPO prosecutors will not have direct investigative authority, but are expected to retain authority to (i) direct special judicial police officers, (ii) consult and cooperate with judicial police officers involved in criminal investigations, and (iii) carry out appeals in criminal matters. In addition, separate amendments to the Criminal Procedure Act are expected, which will further define the scope and limitations of the duties and responsibilities of the PPO and SCIA, including whether PPO prosecutors will be able to conduct or request supplementary investigations. Furthermore, the draft Bills include provisions prohibiting PPO and SCIA personnel from engaging in political activities and provide for criminal penalties in the event of violations.
 
The draft Bills will undergo further scrutiny and discussion by various social and civic groups, as well as relevant ministries, before they are presented to the National Assembly and proceed to final promulgation by the President. In the course of these procedures, certain aspects of the Bills may be revised as various opinions are taken into account and further review is conducted.
 

2.

Strengthening Procedural Rights: Codification of Attorney-Client Privilege

Another change to Korea’s criminal justice landscape is an amendment to the Attorney at Law Act (the “ACP Amendment”) which codifies attorney-client privilege (“ACP”). The ACP Amendment was approved by the National Assembly on January 29, 2026. The ACP Amendment will take effect following a one-year grace period after its promulgation.
 
The ACP Amendment, through the addition of a new Article 26-2 to the Attorney at Law Act, codifies ACP and expands protection for confidential communications between clients and attorneys, as well as attorney work product. In particular, the ACP Amendment seeks to align Korea’s ACP regime more closely with that of common law jurisdictions through new statutory provisions that (1) grant attorneys and their clients, including prospective clients, the right “not to disclose confidential communications exchanged for the purpose of providing or receiving assistance in legal cases or legal affairs,” and (2) expressly provide that attorneys and their clients “may refuse to disclose documents or materials prepared in connection with litigation, investigations or regulatory examinations in matters for which they have been retained.”
 

3.

Reinforcement of Police Investigation Capabilities

The Korean National Police Agency, especially its National Office of Investigation (“NOI”), is strengthening its practical capabilities to respond appropriately to these upcoming changes in the criminal justice system. Since announcing a comprehensive roadmap for enhancing investigative capacity in August 2025, the NOI has continued its internal efforts to bolster investigative capabilities by institutionalizing a “team-based investigation system” and expanding personnel and budgets for investigative departments. More specifically, the NOI recently announced a plan to reassign personnel from riot police units and mobile patrol units and add approximately 1,900 officers to investigative departments. The NOI also expressed its intention to set the direction of investigations and conduct legal reviews from the initial stages of a case, and to strengthen the operation of investigation review committees to expand opportunities for citizens to present their opinions.