Investigative Agencies Required to Notify Major Crime Investigation Agency of Serious Crimes: Enforcement Decree Pre-announced

Starting in October, investigative agencies—including the police, the Corruption Investigation Office for High-ranking Officials (CIO), military investigative agencies, and special judicial police—will be required to notify the Major Crime Investigation Agency (MCIA) if they discover serious crimes during their investigations.

The Ministry of the Interior and Safety announced that it will pre-announce the proposed enforcement decree for the "Act on the Organization and Operation of the Major Crime Investigation Agency," which contains detailed operational standards for the new agency, from tomorrow, June 22, to July 6.

This proposed enforcement decree covers detailed standards delegated by the MCIA Act, excluding organization and personnel matters, to facilitate the operation of the MCIA, which is set to launch on October 2.

According to the proposal, the Commissioner of the MCIA will be appointed by the President following a recommendation by a nine-member candidate recommendation committee, a proposal by the Minister of the Interior and Safety, and a National Assembly confirmation hearing.

The candidate recommendation committee will select candidates with the approval of at least two-thirds of its incumbent members after members propose candidates for review.

This applies a stricter standard than the recommendation requirements for the Prosecutor General, which require a majority vote of the members present.

While other investigative agencies are required to notify the MCIA when they discover serious crimes during investigations, exceptions are made for cases where the details of a complaint or accusation are unclear, where a complaint or accusation has already been filed for the same crime, or where it is clear that there is no right of public prosecution.

If a person involved in a case determines that the MCIA's pre-indictment investigation or formal investigation lacks propriety or legality, they may request an investigation review within 90 days of receiving notification of the results.

The MCIA Commissioner must respect the results of the Investigation Review Committee to the greatest extent possible and notify the committee of the handling results and the reasons for them.

Furthermore, if property damage occurs due to the lawful performance of duties by an investigator, compensation will be provided based on repair costs, exchange value, and business losses. For losses involving life or physical injury, the compensation standards under the "Enforcement Decree of the Act on Honorable Treatment and Support for Persons of Distinguished Service to the State" will be applied mutatis mutandis.

The regulations also stipulate that if personal information must be transferred abroad for crime response, international cooperation, or the protection of citizens' lives, bodies, and property, it may only be transferred to institutions with appropriate security measures within the minimum scope required, based on the principle of reciprocity.

The Ministry of the Interior and Safety plans to promptly prepare the "Organization of the Major Crime Investigation Agency" and the "Enforcement Decree on the Appointment of Investigators for the Major Crime Investigation Agency," which contain detailed matters regarding the agency's organization and personnel.

The proposed enforcement decree can be viewed starting tomorrow on the Ministry of the Interior and Safety website or the Official Gazette of the Republic of Korea.

Minister of the Interior and Safety Yun Ho-jung stated, "The government is focusing all its capabilities on the successful launch of the Major Crime Investigation Agency on October 2," adding, "We will do our utmost to faithfully prepare the enforcement decree, organizational structure, and investigator appointment regulations to enhance our capability to investigate serious crimes and establish the agency as an institution trusted by the public."

(Photo: Provided by the Ministry of the Interior and Safety, Yonhap News)
※ Please note: This article was translated by AI and may contain errors.