New investigative agency chief's Cabinet meeting attendance raises concerns about political neutrality, autonomy

The newly appointed head of the Serious Crime Investigation Agency (SCIA) attended a Cabinet meeting at the Blue House on Tuesday, and his presence raised concerns about political neutrality and the agency’s autonomy, given its power to investigate even the president.

When asked by President Lee Jae Myung to say a few words, Kim Ji-yong, the agency’s inaugural commissioner general, replied, “I will do my utmost to successfully establish the SCIA, complete prosecutorial reform and protect the rights and interests of the public. Thank you.”

Tuesday’s Cabinet meeting, presided over by the president, marked the first external event attended by the head of the SCIA, a body with the authority to investigate not only senior government officials but also the president.

Kim attended the meeting alongside acting National Police Agency Commissioner General Kim Jong-chul. Acting Prosecutor General Lee Jung-hyun, who leads the Prosecution Service, was also present.

“I ask you to demonstrate the purpose and necessity of the SCIA to the public by mobilizing all investigative resources to crack down on serious crimes that destroy people’s lives and undermine the social order — including white-collar crimes, cases of corruption involving those in power and security and financial crimes — without regard to political allegiance or status and without exception,” Lee Jae Myung told the SCIA chief.

The president’s remarks effectively amounted to his first directive to the newly established agency, launched on Oct. 2.

After attending the Cabinet meeting, Kim Ji-yong headed to the SCIA’s headquarters in Jung District, central Seoul, for his inauguration ceremony.

“I will apply the same principles and standards [to cases], regardless of […] who is under investigation and without regard to position or status,” he told agency employees at the ceremony. “I will respect democratic oversight in accordance with the Constitution and the law.”

In written responses submitted ahead of his confirmation hearing, the chief expressed support for a legal provision that allows the minister of the interior and safety to direct SCIA investigations.

“I understand [the provision] as one of the means of democratic oversight over investigative agencies and agree with [its] legislative intent,” he wrote.

Historically, the prosecutor general or national police chief has rarely attended Cabinet meetings — a reflection of the need to preserve the independence of agencies responsible for investigations and prosecutions.

Other countries observe a similar practice, with ministers responsible for investigative agencies — not the heads of the bodies themselves — attending Cabinet meetings and relaying relevant directives.

In Britain, the head of the National Crime Agency, an investigative body under the Home Office, does not attend Cabinet meetings. In Japan, the national police chief does not attend Cabinet meetings presided over by the prime minister; instead, the chair of the National Public Safety Commission, the Cabinet-level official overseeing the National Police Agency, attends. Similarly, in France, the interior and justice ministers, rather than the head of the national police, attend Cabinet meetings.

The United States, on the other hand, does not have a Cabinet meeting system equivalent to Korea’s, as its Cabinet meetings take place at the president’s discretion rather than serving as a constitutionally established forum for reviewing major government decisions.

China takes a different approach. Its minister of public security, whose position is comparable to Korea’s national police chief, directly attends executive meetings of the State Council.

However, China’s public security ministry is a Cabinet-level ministry, whereas Korea’s National Police Agency operates under the Ministry of the Interior and Safety.

“If the SCIA commissioner general delivers a report at a Cabinet meeting, [the information] could include details related to investigations, and even a single comment from the president could effectively become an investigative directive,” said Lee Keun-woo, a law professor at Gachon University and president of the Korea Criminal Procedure Law organization. “I’m curious whether it is necessary to have the head of an investigative agency attend Cabinet meetings at the risk of creating such misunderstandings.”

Kim Ji-yong’s presence at the Cabinet meeting before his inauguration ceremony also sparked questions about the agency’s political neutrality and independence.

Speaking to reporters on Monday, SCIA Commissioner General Kim had initially expressed reservations about attending the meeting, saying, “I will make a decision after reviewing the relevant laws and consulting with the agencies concerned.”

He ultimately attended, however, after President Lee emphasized the need for his presence.

The president can require senior government officials to attend Cabinet meetings when necessary. The Government Organization Act also grants the president the authority to direct and supervise the heads of all central administrative agencies.

This means that no legal obstacle prevents the SCIA commissioner general, prosecutor general or national police chief from attending Cabinet meetings, which forms the basis of President Lee’s position that “the attendance of the heads of investigative and prosecutorial agencies at Cabinet meetings is a matter of course under the Constitution.”

But it has long been customary for the heads of agencies responsible for investigations and prosecutions not to do so, largely to avoid questions about their agency’s political neutrality and autonomy. The practice also avoids situations in which the head of an investigative agency could come face-to-face with a Cabinet member under preliminary inquiry or criminal investigation.

The prosecutor general’s attendance at Cabinet meetings in particular is currently a sensitive issue due to the ongoing debate over whether charges in criminal cases involving President Lee should be withdrawn.

Despite these concerns, the president encouraged the heads of investigative and prosecutorial agencies to attend Cabinet meetings in December last year.

“Ministries and commissions attend Cabinet meetings, but agencies do not. They operate separately,” he said at the time.

The national police chief and prosecutor general subsequently became regular attendees, followed by the SCIA commissioner general after the Supreme Prosecutors’ Office’s abolition earlier this month.

At Tuesday’s Cabinet meeting, President Lee also issued a series of directives to police.

After calling on the SCIA to “demonstrate the purpose and necessity of the [agency] to the public,” he turned to the police, citing crimes involving family members and other personal relationships as well as violent attacks involving weapons.

“A sweeping overhaul of the existing public safety system is also necessary to ensure people’s safety,” he said. “Extraordinary measures must be devised to prevent such violent, antisocial crimes from continuing to threaten [the public].”

He added that hacking, illegal private lending, local corruption, voice phishing and drug-related offenses, among the major crimes that harm ordinary people’s livelihoods, must also be dealt with under a zero-tolerance policy.

During a closed-door session, President Lee also urged Cabinet members to reflect on whether the public’s expectations for social justice were being adequately met, presidential spokesperson Kang Yu-jung said.

“We need to reflect on whether the people’s desire for social justice has been adequately met,” President Lee said. “Since public trust in institutions is the highest priority, we must also ensure strong internal discipline.”

BY JEONG JIN-WOO, JEONG JIN-HO [[email protected]]