The headquarters of the Serious Crimes Investigation Agency in Jung District, central Seoul, is seen on Oct. 5. The agency officially launched on Oct. 2.NEWS1
Kim Won-bae
The author is an editorial writer at the JoongAng Ilbo.
The Corruption Investigation Office for High-ranking Officials (CIO), established under the Moon Jae-in administration as a symbol of prosecutorial reform, became embroiled in controversy soon after its launch.
In March 2021, the CIO summoned Lee Sung-yoon, then chief of the Seoul Central District Prosecutors' Office, over allegations that he had pressured investigators handling the illegal travel ban imposed on former Vice Justice Minister Kim Hak-eui.
The CIO sent its chief's official vehicle to collect Lee, now a Democratic Party (DP) lawmaker, and failed to produce a formal interrogation record. Although Lee was ultimately acquitted by the Supreme Court last year, the agency's questionable procedures remain a separate issue.
The newly established Serious Crimes Investigation Agency (SCIA), created following the abolition of the Prosecutors' Office, should learn from this failure.
At Tuesday's Cabinet meeting, President Lee Jae Myung instructed investigators to pursue cases rigorously regardless of political affiliation. He also urged restraint in exercising their authority.
But presidential instructions alone cannot guarantee impartial investigations. Institutions need safeguards and an organizational culture that allow investigators to pursue politically inconvenient cases without hesitation.
Police sought an arrest warrant for independent lawmaker Kim Byung-kee, a former DP floor leader, after a yearlong investigation. Yet the case remains unresolved following prosecutors' requests for supplementary investigation.
The SCIA must avoid similar delays in politically sensitive cases.
Ministers supervising investigative agencies and their leadership must also shield investigators from political interference.
When Justice Minister Song Jeong-ho left office in July 2002, after President Kim Dae-jung's two sons had been arrested, he quoted a historical saying: "It is easier to die fighting than to grant passage."
The words came from Song Sang-hyeon, a local official who resisted Japanese invaders during the 1592 invasion of Korea.
In his memoir "I Was a Korean Prosecutor" (2023), former senior prosecutor Lee In-gyu wrote that Song rejected a presidential office request to direct prosecutors to investigate the president's sons without detention.
Will the interior minister, who holds supervisory authority over the SCIA, demonstrate similar independence? Previous disputes over ministerial investigative directives even prompted prosecutors general to resign.
Leadership misjudgments pose another danger.
Britain's Serious Fraud Office (SFO) investigated bribery involving energy company Unaoil's contracts in Iraq and secured three convictions at trial.
Seeking to improve relations with the U.S. Justice Department and conclude the case quickly, SFO leaders directly contacted a representative of Unaoil's owners. The representative subsequently pressured defendants to plead guilty.
However, the SFO failed to disclose relevant communications to defense lawyers, breaching its disclosure obligations.
Between 2021 and 2022, appellate courts overturned three convictions because the defendants' right to a fair trial had been compromised.
The scandal earned the agency the derisive nickname "Serious Farce Office."
A subsequent review found that management's direct dealings with the representative had undermined trust between senior officials and investigators. Evidence records were also poorly maintained.
The SCIA brings together former prosecutors, prosecution investigators, police officers and lawyers with different professional backgrounds.
Its leadership must establish a culture that draws on this experience, strengthens investigative capabilities and encourages open internal discussion.
There are already troubling signs.
Lim Eun-jung, the SCIA's Gwangju chief, who is regarded as sympathetic to the ruling camp, has long expressed her views publicly through social media.
She recently openly opposed the selection of Kim Ji-yong as the agency's chief nominee. Even ruling party lawmakers criticized what they described as a public official pursuing a personal political agenda.
Under the former prosecution system, prosecutors frequently expressed dissent through internal communication networks, with their remarks sometimes reaching the media.
Public statements on social media, however, carry greater risks. Internal freedom of expression must coexist with restraint in external communications.
The SCIA was established not through bipartisan agreement but through legislation pushed by the ruling camp, which commands an overwhelming parliamentary majority.
If the opposition eventually takes power or gains a National Assembly majority, the agency's existence and authority could face renewed challenges.
Its survival through political transitions will ultimately depend on public confidence earned through fair, independent investigations.
That trust cannot be secured by presidential assurances or institutional restructuring alone. It must be demonstrated consistently through the agency's decisions, conduct and willingness to investigate those in power.
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
