South Korean President Lee Jae-myung and the National Council of State approved a law removing the direct investigative authority of prosecutors [1].
The move represents a fundamental shift in the country's legal system by stripping prosecutors of the power to lead investigations. This reform seeks to prevent the misuse of state power and ensure a more balanced distribution of authority between the police and the prosecution service.
The National Council of State passed the amendment to the Criminal Procedure Act on Aug. 4, 2026 [1]. This followed the passage of the measure by the National Assembly on July 31, 2026 [2].
Under the new legal framework, the functions of investigation and prosecution are formally separated. Prosecutors are now limited to requesting supplementary investigations rather than conducting their own. The law includes provisions for disciplinary action if police agencies do not comply with these supplementary requests [2].
President Lee said the previous system was one where the prosecution misused investigative authority for selective or targeted investigations [1]. He said the separation of investigation and prosecution is a "necessary measure for the inevitable course of justice," and confirmed he would not exercise his veto power [1].
The reform aims to eliminate what the administration characterizes as the abuse of power by the prosecution. By restricting the role of prosecutors to the trial phase, the government intends to create a system of checks and balances, reducing the risk of politically motivated probes.
“The reform aims to separate investigation and prosecution to prevent abuse of investigative power.”
This legislative change fundamentally alters the South Korean justice hierarchy by ending the era of the 'all-powerful' prosecutor. By limiting prosecutors to the role of legal reviewers and trial advocates, the government is shifting the primary investigative burden to the police. This may reduce the potential for targeted political prosecutions but could create new challenges in coordinating complex criminal cases and maintaining investigative efficiency.
