"Should This Complaint Be Reported to the Serious Crimes Investigation Agency?" ... Police Investigations Have Changed

[Financial News] With the abolition of the Prosecution Service and the launch of the Public Prosecution Office–Serious Crime Investigation Agency system, new procedures have been established for handling cases between investigative agencies. When police or other investigative agencies detect a serious crime or an offense designated by presidential decree during an investigation, they must notify the head of the Serious Crime Investigation Agency.
According to legal circles on the 4th, these procedures took effect with the implementation of the Serious Crime Investigation Agency Organization and Operation Act and its enforcement decree. 
The filing of a complaint or accusation at a police station does not mean that every case will be transferred to the Serious Crime Investigation Agency. The enforcement decree specifically identifies the offenses that other investigative agencies must report and the circumstances in which reporting is not required. Cases are excluded from the reporting requirement when the contents of a complaint, accusation, petition or report are unclear or nonspecific, or when the same crime has already been reported.
The decree also establishes rules on when a complaint or accusation is considered to have been filed. For complaints, accusations, petitions and requests for investigation, the date on which the relevant document is received is regarded as the date the crime was detected. In other cases, the date the crime was detected is considered to be whichever comes first: the date the case was received and registered and fact-finding began, or the date a document recording the detected crime was prepared.
The notification process has also been specified. When another investigative agency detects an offense subject to reporting, it must immediately notify the head of the Serious Crime Investigation Agency. Notification may be made by phone, fax or in writing. If a method other than written notification is used, a written notice must also be submitted within three days.
However, notifying the Serious Crime Investigation Agency does not mean the case will immediately be taken over for investigation. The head of the agency must notify the relevant investigative body within seven days of receiving the written notice whether an investigation will be launched. The response period may be extended when unavoidable circumstances arise, such as the need to collect information to decide whether to begin an investigation.
The Serious Crime Investigation Agency also determines whether it is appropriate to investigate the reported case directly. In doing so, it considers the seriousness of the case, the progress and duration of the investigation, whether there is controversy over the investigation's fairness and the nature of that controversy, and whether the statute of limitations for prosecution is close to expiring.
If the agency determines that it is appropriate to investigate the case directly, it may request that the relevant investigative body transfer the case. The other investigative agency must comply unless it has a legitimate reason not to. Notification to the Serious Crime Investigation Agency and case transfer are separate procedures.
Before the system took effect, the National Office of Investigation provided training for investigators on the revised case-handling procedures and prepared practical investigation guidelines. As a result, the process of determining whether an offense is subject to notification to the Serious Crime Investigation Agency is expected to become an established stage of investigations at frontline agencies. This process is likely to be particularly important in complaint and accusation cases, as the filing date is defined as the date the crime was detected.
[email protected] Seo Ji-yoon Reporter