In October, the launch of the Prosecution Office, which separates the functions of indictment and investigation, and the Serious Crimes Investigation Agency is set to take place. In this context, the ruling party has begun processing a revision of the Criminal Procedure Act aimed at eliminating the prosecution's supplementary investigation rights.
However, recent allegations of inadequate police investigations and cover-ups in the Jang Yoon-ki case, where a high school girl was murdered in Gwangju, have raised questions about whether abolishing the prosecution's supplementary investigation rights is the right move. This has sparked a divided opinion across the political and legal sectors, as well as society at large.
Supplementary investigation rights allow prosecutors to conduct their own investigations when there are deficiencies in cases referred to them by the police. The ruling party argues that maintaining these rights would undermine the original intent of prosecutorial reform, which is to separate investigation from indictment.
For the Democratic Party, which has faced significant challenges due to the ruthless prosecutions under the Yoon Suk Yeol administration, this decision seems natural. Moreover, considering past instances where supplementary investigations were used to protect insiders rather than verify police shortcomings, the call for abolition gains further support.
In 2013, after investigating the controversial case involving former Deputy Minister of Justice Kim Hak-ki, who was implicated in a prostitution scandal, the police referred the case with a recommendation for indictment. However, after a supplementary investigation, the prosecution unexpectedly dismissed the case. Despite overwhelming evidence and witness testimonies, no prosecutor involved in the dismissal faced any consequences.
Additionally, the prosecution failed to conduct a proper investigation into a sexual assault case involving a female prosecutor who was a junior to Jin Dong-kyun, the brother-in-law of lawmaker Han Dong-hoon. In another case involving bribery against Yoon Woo-jin, the head of the Yongsan Tax Office, the prosecution hesitated to issue search warrants and ultimately dismissed the case after a reluctant supplementary investigation.
Despite numerous examples suggesting that supplementary investigation rights should not be granted to the prosecution, President Lee Jae-myung recently proposed to the ruling party that exceptional supplementary investigation rights under strict conditions are necessary to prevent innocent citizens from suffering. Government officials, including Justice Minister Jeong Seong-ho and National Integration Committee Chairman Lee Seok-yeon, have also expressed concerns about abolishing these rights.
Victim Kim in the Busan kickback case, which was clarified through a supplementary investigation, has also voiced the need for such rights. In response, the ruling party has suggested alternatives like 'supplementary investigation request rights' and 're-investigation request rights,' but their effectiveness remains uncertain.
Another critical issue is whether the police, empowered by the establishment of the Serious Crimes Investigation Agency, can be effectively controlled. The public recalls numerous dark chapters in police history, including civilian massacres and brutal arrests and torture, which, when compared to the prosecution's missteps, are seen as equally severe. The recent Jang Yoon-ki case has highlighted the challenges of uncovering the truth when the police engage in organized cover-ups.
No matter how well-intentioned a reform proposal may be, it will fail if it lacks precision or fails to resonate with the public. Many previous government policies that were launched under the banner of reform have not lasted long and have sparked ongoing controversy without leaving a significant impression on the public.
If the government and ruling party are determined to successfully implement prosecutorial reform, which has persisted from the Roh Moo-hyun administration through the Moon Jae-in administration to the Lee Jae-myung administration, they must present effective and solid countermeasures that resonate with the public. This is the path to preventing a second Jang Yoon-ki incident and ensuring that no more innocent victims arise.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.