Prosecution overhaul raises fears of drug probe gaps
Summary
The status of 1,582 cases referred by the Korea Customs Service to prosecutors remains unclear after the prosecution service was abolished in South Korea on Oct. 2. The cases include 1,123 drug cases, raising concerns that investigations into narcotics smuggling and illegal foreign exchange transactions could be disrupted. The overhaul divided prosecutorial and investigative functions between two new agencies, while police assumed a greater investigative role.
Key Facts
- The Korea Customs Service referred 1,123 drug cases, 237 customs cases and 139 foreign exchange cases to prosecutors during the first eight months of the year.
- The cases were disclosed by Rep. Lee Jong-wook of the People Power Party using data provided by the Korea Customs Service.
- The Korea Customs Service said it had received no communication about whether the cases would be returned, investigated further or otherwise handled after the prosecution service was abolished.
- The criminal justice reform ended the previous prosecution system’s 78-year history and removed prosecutors’ investigative powers.
- Rep. Lee Jong-wook warned that delays could make it harder to secure evidence and trace criminal proceeds in drug smuggling and illegal foreign exchange investigations.
Status of 1,582 cases referred by customs to prosecutors remains unclear
Korea Customs Service (KCS) officers screen express cargo for drugs with a detection dog at Incheon International Airport’s express cargo center, Sept. 3. Courtesy of KCS
The status of about 1,500 cases referred by the Korea Customs Service (KCS) to prosecutors remains unclear following a major overhaul of the criminal justice system that replaced the prosecution service with two new agencies, an opposition lawmaker said Thursday.
The uncertainty has raised concerns about disruptions to drug investigations, as narcotics offenses account for most of the cases.
Data the KCS provided to Rep. Lee Jong-wook of the main opposition People Power Party showed that customs officers with special investigative powers referred 1,582 cases to prosecutors in the first eight months of this year.
The breakdown included 1,123 drug cases, 237 customs cases and 139 foreign exchange cases.
The customs agency, however, has been unable to establish how those cases have been handled since the prosecution service was abolished on Oct. 2 and its duties were divided between two new agencies responsible for prosecutions and serious crime investigations.
“The restructured Prosecution Service was expected to return previously referred cases to customs, request further investigation or offer guidance on how to proceed, but we have received no communication on any of those steps,” the KCS said, according to Lee.
The uncertainty has prompted questions about whether the transition is leaving major investigations in limbo.
Lee warned that delays in investigating drug smuggling and illegal foreign exchange transactions could make it harder to secure evidence and trace criminal proceeds.
“People should not have to bear the costs of confusion and disruption stemming from the abolition of the prosecution service,” he said. “The government and the KCS must promptly determine where the cases have been transferred and how they are being handled, and put forward measures to ensure drug and foreign exchange investigations continue without interruption.”
Korea introduced the Serious Crimes Investigation Agency and reorganized the Prosecution Service, limiting the latter’s role to bringing charges and prosecuting cases in court.
The changes ended the previous prosecution system’s 78-year history in what was one of the country’s most extensive criminal justice overhauls in decades.
The reform followed longstanding criticism that prosecutors held excessive power by controlling both investigations and decisions on whether to bring charges.
Under the new system, prosecutors no longer have investigative powers, while police have assumed a greater role in criminal investigations.
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