South Korea Pre-Announces Rules for New Serious Crime Investigation Office

The Ministry of the Interior and Safety has published a legislative pre-notice for the enactment of the Serious Crime Investigation Office Case Affairs Rules (중대범죄수사청 사건사무규칙), a presidential decree that will govern how the newly created agency receives, investigates and disposes of cases. The notice, issued on 7 September 2026 under 행정안전부공고제2026-1127호, opens a public comment period that runs until 15 September 2026.

The draft decree implements the Act on the Organization and Operation of the Serious Crime Investigation Office (중수청법), which introduces a new criminal justice system in which the Serious Crime Investigation Office takes exclusive charge of investigating serious crimes. Under Article 50 of the Act, the rules set out the procedures for case reception, investigation and handling, and establish due process and human-rights protection as the basic principles running through the entire case-affairs process.

Scope and Structure of the Draft

The draft is organised into seven chapters spanning 148 articles, covering the full life cycle of a case from intake to post-conclusion control.

• Basic principles and case acceptance (Articles 1–14): purpose, human-rights protection, due process, investigators’ duties and political neutrality, plus the grounds, procedures and electronic filing for pre-indictment and investigation cases.
• Investigation principles and voluntary investigation (Articles 15–41): the presumption of non-detention and voluntary investigation, minimal use of compulsory measures, investigative secrecy, defence counsel participation, notice of remedy requests, and procedures for summons, voluntary accompaniment, statements, video recording and expert examination.
• Arrest, detention, seizure and communications investigation (Articles 42–93): warrant application, execution and return, release, seizure and search, electronic-information handling, communications-restriction measures and preservation of evidence.
• Case conclusion and post-control (Articles 94–116): referral, non-referral, suspension and transfer decisions, objections by complainants, record access, and supplementary or re-investigation requests.
• Cooperation between investigative agencies (Articles 117–128): coordination with the Prosecution Service (공소청), other investigative bodies and the High-ranking Officials Corruption Investigation Office.
• Protection, control and record management (Articles 129–137): confiscation and forfeiture-preservation requests, protection of victims and whistleblowers, and discipline and record-access rules.
• Investigation review, loss compensation and supplementary provisions (Articles 138–148): the Investigation Review Committee, loss-compensation claims and notification, and forms and standards for applying other investigation rules.

How to Submit Comments

Any institution, organisation or individual may submit opinions on the draft by 15 September 2026, either online through the National Participation Legislation Center (opinion.lawmaking.go.kr) or by sending a written opinion to the Minister of the Interior and Safety.

• By post: Room 407, Changseong Annex, Government Seoul Complex, 39 Hyoja-ro, Jongno-gu, Seoul — Serious Crime Investigation Office Preparation Task Force, Ministry of the Interior and Safety.
• By email: jp7942@korea.kr
• Enquiries: Investigation Practice Planning Division, Serious Crime Investigation Office Preparation Task Force, tel. (02) 3778-4697 / 4636.

Why It Matters

The rules are the operational backbone of the new agency, affecting both investigators and the suspects, victims and whistleblowers who come before it. By codifying due process, human-rights protection, investigation review and loss compensation, the decree sets the standards for how the Serious Crime Investigation Office will exercise its new powers, and the public comment period gives citizens a direct say in shaping that framework before the agency formally opens.

Source: Republic of Korea Official Gazette (관보), No. 21316, 7 September 2026, Section I (공고), p. 414 (official reference: 행정안전부공고제2026-1127호).