"Even if I want to leave, there's nowhere to go"... Deepening Concerns Ahead of Prosecution Reform

[Financial News] #. A major domestic law firm has not hired a single lawyer with a prosecutor background this year. Since the adjustment of investigative powers between the police and prosecutors in 2021, the preference for former prosecutors has declined, and with the ruling party driving 'prosecution reform', there is a prevailing atmosphere of waiting to see how things unfold.
As the ruling party accelerates the processing of prosecution reform bills, which include dismantling the prosecution office and establishing a public prosecution office before the Chuseok holiday, the exodus of prosecutors is becoming more pronounced. However, as the practice of large law firms hiring high-ranking prosecutors as advisors diminishes, there is an evaluation that the popularity of former prosecutors has waned compared to the past. The number of prosecutors hoping to join the Serious Crime Investigation Agency (SCIA) is also increasing. 
According to the legal community on the 26th, the government and ruling party aim to process the prosecution reform bill before Chuseok. The prosecution reform, which focuses on separating investigation and prosecution functions, includes establishing a public prosecution office dedicated to prosecution and indictment, and an SCIA responsible for serious crime investigations. The plan to abolish the prosecution's supplementary investigation rights is also being discussed.
Amidst these reform movements, the trend of prosecutors leaving is accelerating. Among the 153 candidates for judge appointments announced by the Supreme Court this year, 32 were former prosecutors, more than doubling from last year (14), marking a record high.
A lawyer who was a former chief prosecutor said, "Just as there was a significant departure of prosecutors after the adjustment of investigative powers, this time the impact is expected to be significant," and predicted, "Since it is practically the same as the organization disappearing, the scale of departures could be larger."
Many individuals considering moving to the SCIA have been confirmed. A high-ranking prosecutor at the deputy chief prosecutor level said, "Prosecutors specialized in investigations such as the special division or violent crime division may feel a sense of futility if they are only responsible for prosecution and indictment," adding, "I am actually considering moving to the SCIA myself." 
Employment at large law firms is also one of the options. However, it is not as easy as before. Since the adjustment of investigative powers between the police and prosecutors in 2021, large law firms have shown a relatively higher preference for lawyers with a police background or experts from related agencies than for prosecutors. Additionally, as prosecution reform legislation is being pushed forward, there is a noticeable reluctance to hire former prosecutors. 
In fact, most of the top 10 large law firms have hired only a single-digit number of former prosecutors this year. Some firms have not hired any at all. A representative from a large law firm said, "The broad framework of prosecution reform has been set, but we need to see how the actual investigations will be conducted and what kind of personnel will be needed," adding, "In the current state, we have no choice but to observe the hiring of advisors."
The legal community diagnoses that the demand for former prosecutors as advisors has reached a 'saturation point', based on the fact that existing former prosecutor lawyers can handle criminal cases. The decrease in corporate-related investigations, such as those involving conglomerate heads, is also cited as a reason for the reduced demand.
A lawyer who moved to a large law firm earlier this year said, "There is a reluctance to hire advisors amidst the prosecution crisis," adding, "Even the few hirings that existed until early this year seem to have concluded."
As a result, there is a forecast that more prosecutors will choose mid-sized or small law firms instead of large ones. A representative from a large law firm explained, "In the past, top 10 law firms had a structure where advisors brought in acquaintances, but nowadays, mid-sized and small law firms offer better conditions to attract personnel."


jisseo@fnnews.com Minji Seo, Eunsol Choi