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[Attorney's Column] Corporate Criminal Law & Special Judicial Police Investigation System and Corporate Response (Part 1) – What Is the Scope of Investigation for the Special Judicial Police?
LEGAL INSIGHTSCorporate Criminal · Special Judicial Police and Corporate Response ①
How Far Can Korea's Special Judicial Police Investigate?
The Limits of Investigative Authority: Qualification, Scope of Duties, and Territorial Jurisdiction
Many companies are unaware that labor inspectors, enforcement officials at the Ministry of Food and Drug Safety, customs officers at the Korea Customs Service, and employees of the Financial Supervisory Service can conduct criminal investigations against them. These officials are Special Judicial Police officers (the "SJP"). The SJP system grants statutorily limited investigative powers to administrative officials and others working in specific fields, and the scope of those powers is accordingly strictly defined. At a recent seminar, Attorney Insun Ko described the SJP's investigative authority with a simple formula: "Qualification × Scope of Duties × Territorial Jurisdiction." If any one of these three elements is missing, there is no lawful investigative authority. This article outlines the concept and current state of the SJP and the limits of its investigative authority.
General Judicial Police vs. Special Judicial Police
Judicial police in Korea are divided into general judicial police and special judicial police. The general judicial police, such as the National Police and the Korea Coast Guard, may in principle investigate any crime. The SJP, by contrast, may investigate only the crimes specified by law. Article 245-10(1) of the Criminal Procedure Act provides that the SJP and the scope of their duties in matters such as forestry, maritime affairs, monopolies, taxation, military investigation agencies and other special matters shall be prescribed by statute. That statute is the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties (the "Judicial Police Duties Act").
There are two ways to become an SJP officer. The first is qualification by operation of law, which applies to prison wardens, immigration officers, labor inspectors and ship captains, among others. The second is designation by the Chief of the District Public Prosecution Office, which applies to firefighters, enforcement officials in the food and drug and environmental sectors, officials of the Ministry of Intellectual Property, and employees of the Financial Supervisory Service (on the recommendation of the Financial Services Commission), among others. Following the amendment of the Judicial Police Duties Act on September 29, 2026, the designating authority changed from the "Chief Prosecutor of the District Prosecutors' Office" to the "Chief of the District Public Prosecution Office," effective October 2, 2026.
Within the SJP, judicial police officers are distinguished from judicial police assistants. Generally, officials at Grade 7 or above (Fire Lieutenant or above for firefighters) are judicial police officers who conduct investigations and gather evidence, while officials at Grades 8 and 9 (Fire Sergeant or below) are judicial police assistants who support them.
More Than 20,000 SJP Officers, Most with Limited Investigative Experience
The SJP operates across a very wide range of fields, more than 20 in total, including labor, serious industrial accidents, environment, food, pharmaceuticals, intellectual property, finance, taxation, customs, immigration, fire safety, railways, country of origin, maritime affairs, forestry, radio communications and military service. In effect, there is an SJP presence in nearly every regulatory area relevant to business.
According to Supreme Prosecutors' Office data cited at the seminar, 20,419 officials were designated as SJP officers as of the end of 2025. Of these, 14,359 (70%) belonged to 35 central government agencies and 6,060 (30%) to 17 local governments. With the general judicial police numbering 131,297 in the same year, the SJP amounts to roughly one-sixth of that size. By agency, the largest contingents were at the National Tax Service (5,265), the National Fire Agency (2,232), the National Agricultural Products Quality Management Service (1,071) and the Ministry of Employment and Labor (988).
The profile of this workforce also deserves attention. 80.5% of SJP officers (16,442) have less than three years of investigative experience, and 47.2% have less than one year. In 2025 alone, 11,130 officials were newly designated. Only 20.6% (4,203) are dedicated full-time to investigations; most also handle administrative guidance or public complaints. Cases referred per officer fell from 4.9 in 2019 to 3.3 in 2025. The indictment rate relative to referrals rose from 43.9% to 57.8%, but varies widely across agencies, and 54.7% of the 31,072 indicted cases came from the Ministry of Employment and Labor.
These figures carry two implications for companies. First, procedural defects may arise in SJP investigations. Second, when a company is the complainant, investigations may be delayed or inadequate.
First Requirement: Scope of Duties
Article 6 of the Judicial Police Duties Act provides that the scope of duties and investigative jurisdiction of the SJP is limited to the crimes listed in each of its subparagraphs. Accordingly, even for officials of the same agency, each individual's basis for designation (subparagraphs of Article 5) must be matched against the corresponding scope of duties (subparagraphs of Article 6).
It is particularly important that the scope of investigation does not expand merely because a crime is "related." According to a lower court judgment cited at the seminar (Jeonju District Court, Judgment 2024No1049, September 24, 2025), the SJP has no investigative authority over a provision outside its scope of duties, even if the offense falls under the same Road Act. The scope expands only where a statute expressly so provides. For example, customs officers may also investigate crimes relating to documents and seals that are concurrent with customs offenses (Article 6, subparagraph 14(e)), and immigration officers may investigate related crimes enumerated by law (Article 3(5)).
Second Requirement: Territorial Jurisdiction
Article 6 of the Regulation on Mutual Cooperation between Prosecutors and Special Judicial Police Officers requires the SJP to perform its duties within the jurisdictional area prescribed by law. SJP officers may act outside that area, but only when necessary to establish facts related to a case within their jurisdiction.
The seminar emphasized that this provision does not authorize the investigation of crimes that occurred outside the jurisdictional area. Therefore, when an SJP investigation begins, it must be confirmed whether the crime occurred within the jurisdiction of the investigating office. The answer may differ depending on whether the agency has nationwide jurisdiction or its jurisdiction is divided among regional offices.
Conclusion
The SJP is an investigative body with criminal investigative powers, even though it sits within administrative agencies. Its authority, however, is recognized only when all three requirements are met: qualification, scope of duties, and territorial jurisdiction. When a company becomes subject to an SJP investigation, the first step is to verify the official's basis for designation, scope of duties, and the place where the alleged offense occurred. The same criteria should guide a company in choosing the appropriate investigative agency when it files a complaint.
Related Articles
② How Has Korea's Special Judicial Police System Changed Since October 2026?
③ How Should Companies Respond to Special Judicial Police Investigations?
This article was prepared by ONE LAW PARTNERS based on laws in force as of November 2026 and Attorney Insun Ko's seminar presentation, "The Special Judicial Police Investigation System and Corporate Response Strategies" (November 9, 2026). It is provided for general information only and does not constitute legal advice. English names of Korean statutes and agencies are unofficial translations.
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