The government approved a bill on August 4 that abolishes the prosecution's investigative powers, marking a significant shift in the criminal justice system that has been in place for 72 years. Once signed by President Lee Jae-myung and published in the official gazette, the changes will take effect in October.
Starting in October, the newly established Prosecution Office and the Serious Crimes Investigation Agency will completely separate investigation and prosecution functions. All cases will be investigated by judicial police officers (police and the Serious Crimes Investigation Agency), and complaints will be primarily handled by the police, with no submissions allowed to the Prosecution Office.
Direct investigations by prosecutors, including supplementary investigations, will be entirely prohibited. The Prosecution Office will not be able to directly interrogate or summon suspects and witnesses but can only request supplementary investigations from the police.
If a prosecutor believes that a police investigation is insufficient, they can request a supplementary investigation, which the police must complete within one month and report back. If the prosecutor still finds the investigation lacking, they can request an additional month for further investigation.
Additionally, if the police decide not to pursue a case due to insufficient evidence, complainants can file an objection within three months, which will be reviewed by the Prosecution Office. Furthermore, individuals with a direct interest in the case, such as victims of false accusations, can also file objections within the scope defined by presidential decree.
Following the bill's passage, the ruling Democratic Party expressed its support. Spokesperson Park Hae-cheol stated in a written briefing that the amendment strengthens victim protection and decentralizes prosecutorial power while enhancing accountability. He emphasized that the public desires a fair criminal justice system where no innocent victims exist.
However, concerns continue to be raised by lawmakers, particularly those with legal backgrounds. Na Kyung-won, a member of the National Assembly from the People Power Party and a former judge, held an emergency discussion in the National Assembly, asserting that the amendment is clearly unconstitutional.
Jang Dong-hyuk, also a former judge and leader of the People Power Party, referenced a victim of the 'Busan kickback' incident who appealed to President Lee via social media to support victims and exercise veto power. He criticized the law, stating, 'What better illustrates the essence of this bad law than the reality of citizens pleading for support?'
Independent lawmaker Han Dong-hoon, a former prosecutor, invited the victim of the Busan incident to a meeting to discuss the potential issues arising from the abolition of supplementary investigation rights. He pointed out that if a prosecutor requests a supplementary investigation due to police errors, the police might simply dismiss the concerns, rendering the request ineffective.
Even within the Democratic Party, there are voices of concern. Kwon Sang-on, a lawyer and the only ruling party member to vote against the amendment, expressed on his Facebook that he could not choose otherwise, seeing the impending suffering of the public.
Moreover, there are worries regarding the expanded criteria for dismissing prosecutions included in the amendment. The amendment adds grounds for dismissal based on significant illegal investigations or cases where prosecutorial discretion is grossly abused.
However, opposition parties argue that the Democratic Party is using this amendment as a workaround to avoid prosecution in light of President Lee's ongoing trial, suggesting that tensions between the ruling and opposition parties are likely to continue.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.