1.

Key Changes
 

2.

New Structure of Labor Case Investigations
 

(1)

Investigations will be led by labor inspectors and Regional Employment and Labor Offices.

Labor inspectors may initiate and conduct investigations independently, without direction from prosecutors. Heads of Regional Employment and Labor Offices (heads of regional offices and branch offices) and division directors direct and supervise investigations within their jurisdiction and may issue specific directions on matters such as recognition of offenses, compulsory investigative measures, and referral opinions; significant cases may be investigated directly by the Regional Employment and Labor Office (Articles 10 through 12 of the Investigation Rules). In cases of public concern, the Minister of Employment and Labor may also present opinions on the interpretation of laws and regulations (Article 24(2) of the Act on the Performance of Duties by Labor Inspectors, scheduled to take effect on December 8, 2026).
 

(2)

Cooperation through guidance and advice will replace prosecutorial direction of investigations.

The relationship between prosecutors and labor inspectors changes from one of “direction” to one of “mutual cooperation” (Article 245-10(2) of the Criminal Procedure Act), and labor inspectors may request guidance and advice from prosecutors regarding investigations (Article 245-10(3) of the Criminal Procedure Act). Although a prosecutor’s guidance and advice are not legally binding, labor inspectors must respect and reflect them, and failure to follow them without justifiable grounds may result in a request for supplementary investigation (Article 25(1) and (3) of the Special Judicial Police Cooperation Regulation).
 

(3)

All cases will still be referred to prosecutors, and prosecutors may request supplementary investigation after referral.

Unlike general judicial police officers, labor inspectors have no authority to decide not to refer a case; even where they conclude there is no offense, they must refer the case with a recommendation of non-indictment (Article 245-10(5) of the Criminal Procedure Act), and the prosecutor decides whether to indict. After a case is referred, prosecutors may not conduct supplementary investigations themselves; they may only request them, and labor inspectors must comply with such requests within one month (Article 197-2(4) of the Criminal Procedure Act). Prosecutors may verify facts—for example, by hearing the views of the suspect—to decide whether to indict, but statements and materials obtained in this process may not be used as evidence at trial (Article 245-13(1) and (3) of the Criminal Procedure Act).
 

(4)

An Investigation Review Committee system will be introduced at the labor office investigation stage.

Investigation Review Committees with external members will be established at the headquarters of the Ministry of Employment and Labor and at each Regional Employment and Labor Office, and persons involved in a case may request a review of the appropriateness and legality of the investigation before referral (Articles 48 and 49 of the Investigation Rules).
 

3.

Key Considerations for Employers
 

(1)

First, the center of gravity in investigations of labor-related cases shifts to the labor office.

With the elimination of direct supplementary investigations by prosecutors, the investigation record and referral opinion developed at the labor office will form the core basis for indictment decisions, so determinations made at the labor office will set the direction of the case. In particular, many cases—such as illegal worker dispatch and unpaid wages—are filed as “petitions,” and labor inspectors will decide whether to open a formal case on a petition without prosecutorial oversight. This decision is expected to determine whether criminal proceedings follow (if no formal case is opened, the matter is closed at the preliminary inquiry stage without referral to prosecutors). An early response will therefore be more important.
 

(2)

Second, the target and method of advocacy should be carefully considered in light of the internal investigation structure of labor offices.

Because investigative direction is vested in heads of Regional Employment and Labor Offices and division directors, and significant cases may be investigated directly by the Regional Employment and Labor Office or be subject to interpretive opinions from Ministry headquarters, advocacy strategy should be designed according to the issues and scale of each case. Labor inspectors also bear the burden of determining criminal law issues such as intent on their own, without prosecutorial direction. Given that the newly enacted crime of distortion of law (Article 123-2 of the Criminal Act) also applies to labor inspectors, legal advocacy directed at labor inspectors may become even more important.
 

(3)

Third, advocacy before prosecutors at the Public Prosecution Office remains important.

Unlike cases handled by general judicial police officers, all cases investigated by labor inspectors are referred to the Public Prosecution Office, so the final decision on indictment remains with the prosecutor. Employers need to respond appropriately to prosecutors’ guidance and advice, fact verification, and requests for supplementary investigation, and comprehensive advocacy that links the labor office and Public Prosecution Office stages will be necessary.
 

(4)

Fourth, employers should prepare for the summoning of representative directors for questioning.

Because labor laws impose obligations on the employer, in cases initiated by complaint or accusation, the representative director may be summoned as a suspect regardless of the seriousness of the matter. As labor inspectors will now independently decide whether and how to question representative directors, a more comprehensive response strategy should be considered.

In the early period following implementation of the amended Criminal Procedure Act, investigative practice is likely to vary among regional offices and individual labor inspectors, and appropriate responses will also depend on how prosecutors’ guidance and advice and requests for supplementary investigation operate in practice. Employers should review their stage-by-stage response framework for labor cases—from the initial response through post-referral—in light of the new investigation system and emerging practice, while assessing in advance the legal risks of key HR and labor issues that could lead to petitions or criminal complaints.