South Korea to Create Case Review Committees in New Prosecution Offices

The Ministry of Justice has published a legislative notice (입법예고) for a draft enforcement decree establishing case review committees in each metropolitan prosecution office, the latest step in South Korea’s sweeping judicial reform. The notice, 법무부공고 제2026-345호, appeared in the Republic of Korea Official Gazette (대한민국 관보) No. 21319 on 10 September 2026, and invites public comment until 15 September 2026.

The draft decree, titled 「사건심의위원회 구성 및 운영에 관한 규정안」 (Regulations on the Composition and Operation of Case Review Committees), implements the Prosecution Office Act (공소청법, Act No. 21490), promulgated on 24 March 2026 and due to take effect on 2 October 2026. Under that law, the existing prosecution service (검찰청) is abolished and replaced by a new Prosecution Office (공소청), with case review committees installed in each metropolitan office.

What the committees will review

The committees are designed to review cases that draw intense public attention or raise concerns about fairness. Their mandate covers the key discretionary decisions of the new prosecution service:

• whether to request and re-request arrest warrants (구속영장 청구 및 재청구 여부)
• whether to bring an indictment (공소 제기 여부)
• whether to file an appeal (상소 제기 여부)

The draft decree sets out the matters delegated by the law and those needed for its implementation, including the scope of review, the composition of the committees, and the procedures for deliberation and voting.

How to submit comments

Under Article 41 of the Administrative Procedures Act (행정절차법), any institution, organisation or individual may submit opinions on the draft. Comments can be filed online through the National Participation Legislation Center (국민참여입법센터) at opinion.lawmaking.go.kr, or by sending a written opinion to the Minister of Justice (attention: the Prosecution Division, 검찰과).

• Deadline: 15 September 2026
• Online: opinion.lawmaking.go.kr
• Postal address: Ministry of Justice, Prosecution Division, 1st Building (Central), Government Complex Gwacheon, 47 Gwanmun-ro, Gwacheon-si, Gyeonggi-do (postal code 13809)
• E-mail: junlyoung@spo.go.kr
• Telephone: 02) 2110-4210 / Fax: 02) 2110-0334

Opinions should state whether the submitter supports or opposes the notice (with reasons if opposed), and include the name (or, for institutions and organisations, the name of the body and its representative), address and telephone number.

A cornerstone of judicial reform

The creation of the case review committees is a central pillar of the reform that replaces the prosecution service with the Prosecution Office. By subjecting arrest-warrant requests, indictments and appeals to independent committee deliberation, the reform aims to strengthen checks on prosecutorial discretion in high-profile and sensitive cases. The committees are expected to begin operating once the Prosecution Office Act takes effect on 2 October 2026, making the current public-comment period the final opportunity for citizens to shape their composition and procedures before the new system goes live.

Source: Republic of Korea Official Gazette (대한민국 관보), No. 21319, 10 September 2026, Notices section (official reference: 법무부공고 제2026-345호).