With the launch of the Major Crimes Investigation Agency (MCIA) just over three months away, the Corruption Investigation Office for High-ranking Officials (CIO) has expressed opposition to the proposed enforcement decree of the MCIA Act, citing concerns that it could undermine the CIO's independence and the confidentiality of its investigations.

During a regular briefing on the morning of June 30, the CIO announced, "We have submitted our dissenting opinion regarding the proposed enforcement decree of the MCIA Act to the establishment support team under the Ministry of the Interior and Safety."

The clause in the enforcement decree that the CIO has taken issue with states that "when other investigative agencies discover major crimes during the course of their investigations, they must notify the Commissioner of the Major Crimes Investigation Agency, except in cases where there is no practical benefit to the investigation, such as when the contents of a complaint or accusation are unclear."

The CIO pointed out that if this clause is implemented as written, the MCIA, which operates under the direction of the Minister of the Interior and Safety, would gain access to most information regarding high-ranking official crime cases currently under investigation, potentially rendering the CIO's independence meaningless.

The office also raised concerns that the leakage of case information could compromise the fairness and confidentiality of its investigations.

In particular, the CIO emphasized that requiring crimes committed by MCIA officials to be reported to the MCIA itself would inherently undermine the legitimacy of such investigations.

Furthermore, the CIO noted that the clause conflicts with the current system, which grants the CIO priority investigative authority.

The office argued that the notification system for discovered crimes is intended to support the agency with priority investigative authority in effectively exercising its right to request the transfer of cases; therefore, if the enforcement decree is implemented as proposed, the MCIA would effectively hold priority investigative authority.

The CIO has requested that the enforcement decree be amended to exclude cases under CIO investigation and crimes committed by MCIA officials from the scope of the notification requirement.

(Photo: Yonhap News)