1.

Enactment of the Public Prosecution Office Act and the SCIA Act

Korea’s criminal justice landscape is undergoing its most significant structural overhaul in decades. Following the promulgation of amendments to the Government Organization Act on October 1, 2025, which abolished the existing Prosecutors’ Office and called for the creation of two new institutions, the National Assembly passed further implementing legislation this month to realize these structural changes.
 
The two new laws passed at the March 2026 plenary session are the Public Prosecution Office Act and the Act on the Establishment and Operation of the Serious Crimes Investigation Agency (“SCIA Act ”). Both laws, developed through consultations between the ruling party, the government, and the Office of the President, provide details regarding operations for each institution, including organizational structure, scopes of duty, and day-to-day governance. They will take effect on October 2, 2026, in parallel with the relevant provisions of the amended Government Organization Act.
 
With these legislative developments, the reformed framework is being set: the Public Prosecution Office will handle the issuance and upholding of indictments as well as handling warrant applications, while the SCIA will take the lead on investigating serious crimes.
 

2.

Key Functions of the Public Prosecution Office and the SCIA

The central design principle of the new system is the institutional separation of investigation and prosecution functions, a clean break from the Prosecution Service model where prosecutors engaged in both investigations and issuing criminal charges.
 
Under the Public Prosecution Office Act, prosecutors’ duties and powers are expressly limited to:
 

• Matters relating to issuing and prosecuting indictments

• Applying for warrants

• Consulting with and supporting judicial police officers in criminal investigations

Due to these changes in organizational structure and authority, the Public Prosecution Office is expected to implement enhanced scrutiny regarding decisions to issue indictments. Consequently, professional legal assistance—including expert legal reviews—will become increasingly critical. This applies not only to the investigation phase involving the police, the Central Investigation Agency, and Special Judicial Police but also to the indictment decision and criminal litigation phases conducted by the Public Prosecution Office.The SCIA, for its part, will have investigative jurisdiction over a defined category of “Serious Crimes” and “Other Serious Crimes” including:
 

• Corruption, economic crimes, defense industry crimes and narcotics offences

• Crimes of insurrection and foreign aggression under the Criminal Code

• Cybercrimes, including the leakage of core national technologies and trade secrets

• The offense of “distortion of the law” involving judges, prosecutors, and other relevant public officials

• Crimes committed by officials of the Public Prosecution Office, the police, the Corruption Investigation Office for High-ranking Officials, and the courts while in office

3.

Organizational Structure

The Public Prosecution Office will largely preserve its existing hierarchy. Prosecutors will remain under the direction and supervision of the Minister of Justice, with the Prosecutor General being the most senior prosecutor. The new institution will also succeed to the relevant functions previously held by the Prosecutors’ Office. Mirroring the court structure, the Public Prosecution Office, Regional Public Prosecution Offices, and District Public Prosecution Offices will be established in correspondence with the Supreme Court, High Courts, and District/Family Courts, respectively.
 
The SCIA will operate under the Minister of the Interior and Safety. Its head will be appointed through a multi-step process: recommendation by the SCIA Chief Recommendation Committee, proposal by the Minister, nomination by the President, and a confirmation hearing before the National Assembly. The head will serve a single, non-renewable two-year term. Regional Investigation Offices may be established across Special Cities, Metropolitan Cities, Special Self-Governing Cities, and Provinces. There are no provisions requiring the head of the Major Crimes Investigation Office to be a licensed attorney.
 

4.

Key Point of Contention: Prosecutors’ Role in SCIA Investigations

Defining the relationship between the two institutions was one of the more controversial aspects of the legislative process, and the final outcome firmly limits prosecutorial involvement in SCIA investigations.
 
Several provisions that had been under discussion did not make it into the final bill, including: a requirement for the SCIA to notify prosecutors upon commencing an investigation; a provision allowing prosecutors to request the opening of new cases in relation to additional criminal facts identified in transferred cases; a provision empowering District Public Prosecution Office heads to demand the suspension or removal of judicial police officers for misconduct; and provisions granting prosecutors direction and supervision powers over special judicial police officers.
 
One open question that the Public Prosecution Office Act did not resolve is whether prosecutors should be granted supplementary investigation powers. This issue is expected to be taken up in future discussions on amendments to the Criminal Procedure Act.
 

5.

Implication for Pending Cases

For cases in which prosecutors have already initiated investigations under the proviso to Article 4(1)1 of the current Prosecutors’ Office Act, responsibility will be transferred to the competent investigative agency in accordance with criteria to be set by a forthcoming Presidential Decree.
 
In cases where the expiry of the statute of limitations is imminent, or where the nature of the case makes continued prosecutorial handling unavoidable, the Prosecutors’ Office may continue with the investigation, but must conclude such cases within 90 days of the effective date. Any cases not wrapped up within that window must be transferred to the appropriate investigative agency.
 
Given the scale of these changes to Korea’s core criminal justice institutions, we will continue to monitor developments closely and keep you informed of the legal issues and practical implications as they unfold.