Justice · Réforme des poursuitesLa Corée du Sud sépare les pouvoirs des procureurs, mais le transfert n’est pas achevéRédigé 2 octobre 2026 à 12:02 UTCRegarderTranscription0:09South Korea has stripped prosecutors of their ordinary power to investigate crimes0:14themselves.0:15The agency taking over serious crime investigations opened without a permanent0:19chief.0:20Its latest pre-launch staffing count leaves 974 planned positions vacant while0:24computer problems hamper case transfers.0:26Can the new system move serious cases to court while its staffing, leadership, and0:30infrastructure remain unfinished?0:32The staffing gap amounts to roughly one-third of the investigation agency's intended0:36workforce.0:37Of 2,874 planned positions, 1,900 were filled in the October 1st count,0:43approximately 66.1% staffed and 33.9% vacant.0:48Those exact figures support the rounded description of an agency about two-thirds0:52staffed.0:53They are not a fresh opening day personnel tally.0:56No independently updated count establishes how many additional employees, if any,1:01arrived by launch.1:02The recruitment framework envisages police personnel and lawyers filling remaining1:06posts, but there is no verified deadline for reaching full strength.1:09The two successor institutions began operating on October 20, 26.1:13The Serious Crime Investigation Agency and the Restructured Prosecution Service1:17replaced the former prosecutor's organization, including the Supreme Prosecutor's1:21Office, after 78 years.1:23The operational launch is established.1:25The precise statutory commencement clause is not.1:28Police still investigate ordinary crimes such as assaults and thefts.1:31The new agency investigates specified major offenses while prosecutors assess the1:35resulting evidence, decide whether to bring charges and prosecute in court.1:39Prosecutors have also lost their own direct supplementary investigation power.1:43They can request supplementary investigation or reinvestigation by police instead.1:47The Corruption Investigation Office for high-ranking officials remains part of the1:51investigative system too.1:53This is not a transfer of every serious case exclusively to the new agency.1:57The precise rules for allocating overlapping cases remain unestablished.2:01The agency's remit includes six major crime categories, corruption, economic crime,2:07defense industry crime, drug crime, Insurrection and foreign aggression, and2:11cybercrime.2:12It also includes an offense described as distortion of the law, called Bupwei Gokje2:17in Korean.2:17Its exact statutory elements are not established.2:20Supplementary investigations involving seven categories of crimes against vulnerable2:24people also belong to the investigation agency.2:27These include child abuse and sexual offenses, although the complete seven-category2:31list is unavailable.2:32That responsibility does not establish a permanent exception, allowing prosecutors2:36to resume direct investigations themselves.2:39Some investigations already underway may nevertheless continue for up to 90 days2:43under a temporary transition provision.2:45These include cases concerning the June 3 local elections that were approaching2:49limitation deadlines.2:51The complete eligibility rules and the period starting point are not established, so2:5590 days cannot be treated as a universal deadline for every outstanding case, nor is2:59it a measured case processing delay.3:01It is a limited carryover allowance, not a permanent restoration of prosecutors'3:05general investigative authority.3:06The Prosecution Service removed 42 direct investigation departments and converted3:11functions into 29 major crime prosecution departments.3:14Those numbers describe different organizational functions.3:17Not a like-for-like staffing cut.3:19New departments will review police decisions not to refer cases for prosecution.3:23Prosecutors also retain responsibilities for sentence enforcement, victim3:27protection, recovery of criminal proceeds, and public interest representation.3:32They retain a role in seeking detention warrants, including suspect interviews3:36before such requests.3:37That warrant role does not establish unrestricted investigative power or authority3:41to personally execute compulsory investigative measures.3:44The reform separates powers that prosecutors previously held together.3:48The National Assembly approved it after decades of criticism that prosecutors3:52exercised excessive authority and sometimes used it for political purposes.3:56Legal experts disagree over whether removing their investigative authority is4:00warranted.4:01Institutional separation addresses that concentration of power.4:05It does not prove that political interference has ended or that the replacement4:09system will automatically be fairer or faster.4:11The launch followed 51 follow-up bills and revisions to 126 presidential decrees.4:17The bills passed on September 17th.4:20The decree revisions preceded abolition of the old organization.4:24The Government Organization Act had been amended in October 2025, followed by laws4:28governing the successor institutions in March 2026.4:32Interior and Safety Vice Minister Kim Min-jae delivered an August 4th preparation4:36briefing.4:37Minister Yoon-Ho-jung attended the October 2 launch ceremony and plaque unveiling in4:42Seoul.4:42Those milestones established substantial preparation and administrative involvement,4:46not that every operational requirement was ready.4:48Both new institutions opened without permanent chiefs, although acting leadership4:52was in place.4:53That is a leadership gap, not an absence of all management.4:57Kim Ji-yong remains the nominee for the Investigation Agency's inaugural chief,5:01President Lee Jae-myung, approved a request for a parliamentary confirmation hearing5:05on October 1st and reserved his final appointment decision until after that hearing.5:09Approval of the hearing request is not parliamentary approval of the appointment.5:13Whether an affirmative assembly consent vote or a favorable hearing outcome is5:16legally required remains unresolved.5:19There is no established hearing or appointment date.5:22Kim faces opposition from ruling party hardliners and concerns or allegations whose5:26underlying substance is not specified in the verified material.5:30Their truth and whether they alone caused the delay are not established.5:34Jeon Jongmin is the agency's deputy chief or vice administrator and delivered launch5:38remarks.5:39He is not expressly established as its acting chief.5:41Choi Jaemin was selected to head the sole office, not the whole agency.5:45The identities of the acting heads of both institutions are not conclusively5:49established in those capacities.5:50The Interior and Safety Minister recommended Kim, but that recommendation and the5:54Ministry's preparation work do not settle the agency's statutory oversight5:58arrangements.5:58The precise legal placement and ministerial powers governing both successor6:02institutions, including their interior and safety and justice leadership lines,6:06remain incompletely established.6:07Different English translations of the investigation agency's name do not mean6:11additional successor agencies exist.6:13Computer system problems are hampering transfers of prosecution cases.6:17and a connection to the police KICS network has not yet been established.6:21Warrants might have to be filed on paper.6:23That is a possibility, not proof that every warrant is already processed manually.6:28Construction at the agency headquarters and sole office is continuing, with6:32completion described as early 2027, rather than an exact contractual deadline.6:37The extent of unfinished work, specific software defects, and number of affected6:42cases are not established.6:43Case processing delays have been widely reported, but there is no defensible6:48national backlog total, average delay before and after comparison or count of6:52overdue cases.6:53The vacancies and transfer problems are concrete constraints.6:56They do not establish how much delay each caused, whether the reform caused all7:00existing delays, or how long an individual case will take.7:03For people reporting child abuse, sexual offenses, corruption, or financial7:07wrongdoing, a formally open agency is not the same as an investigation progressing.7:12Suspects also have a stake in how quickly allegations can be tested rather than left7:16unresolved.7:17No verified account establishes that a particular case was lost or a specific victim7:21denied protection because of these launch gaps.7:23The answer to whether this system can move serious cases forward is not yet7:26established.7:27The division of responsibilities is operational, but its effect on case processing7:32times remains unmeasured.7:33Permanent appointments, recruitment, reliable case transfers, and a working police7:37system link remain unfinished.7:39There is no confirmed hearing date, full staffing deadline, or exact infrastructure7:43completion date.Lire l’articleChronologie de l’histoireHeyDexLe format court ↗
