Political Debate Heats Up Over Abolishing Prosecutors' Supplementary Investigation Rights

Discussions within the political sphere are intensifying over the potential abolition of prosecutors' supplementary investigation rights under the Code of Criminal Procedure. On the 25th, Jung Cheong-rae, former leader of the Democratic Party of Korea, increased pressure by arguing that the abolition of these supplementary investigation rights, a key point of prosecutorial reform, should be passed by the National Assembly before Liberation Day (July 17th). In response, the Prime Minister's Office clarified that while the abolition of supplementary investigation rights is the government's final stance, the specific legislative details are a matter to be decided by the National Assembly.

This issue is deeply connected to the investigative powers of prosecutors as stipulated in the current Code of Criminal Procedure. Prosecutors already hold the right to indict and initiate investigations, yet they have also retained the authority to conduct supplementary investigations into cases handled by investigative agencies like the police. While these supplementary investigation rights have a positive aspect of enhancing investigative efficiency, criticism has also been consistently raised that they could lead to the infringement of the rights of suspects or defendants and the excessive exercise of prosecutorial power.

In particular, as discussions on adjusting prosecutorial and police investigative powers have become more active in recent years, the argument that prosecutors' supplementary investigation rights overlap with existing investigative powers or are susceptible to abuse has gained traction. Consequently, a movement, primarily led by the opposition party, is emerging to completely abolish prosecutors' supplementary investigation rights to further clarify the division of power in the investigative process. This is interpreted as an attempt to improve the practice where prosecutors, while conducting independent investigations, become deeply involved from the initial stages to the conclusion of a case through excessive intervention or reinvestigation of police findings. Ultimately, this matter is being discussed within the broader framework of prosecutorial reform and signals a fundamental change in the judicial system.

Key Provisions of the Bill and Expected Impact

The core of the bill proposed by the Democratic Party of Korea to abolish prosecutors' supplementary investigation rights is to prevent prosecutors, after initiating an investigation, from reviewing the investigation details conducted by the police, ordering additional investigations, or conducting them directly. Current provisions, such as Article 197-4 of the Code of Criminal Procedure, allow prosecutors to direct and control the outcomes of investigations by judicial police officers and to conduct supplementary investigations ex officio under specific circumstances when they believe criminal suspicion exists based on investigative results. If this amendment is passed, the exercise of such supplementary investigation rights by prosecutors would be fundamentally blocked. In other words, prosecutors would receive materials from the police to determine whether to indict and their direct intervention in additional investigations would be restricted.

The passage of such a bill is expected to significantly impact the redefinition of the relationship between prosecutors and the police. The police could gain strengthened authority to conclude investigations based on their own judgment, without prosecutorial direction or requests for supplementary investigation. This could serve as an opportunity to enhance police independence and accountability, but simultaneously, some voices express concern about a potential decline in investigative quality or a lack of transparency in the investigative process. Particularly, if prosecutors do not deem the supplementary investigation sufficient for cases sent by the police, there is a possibility they might face difficulties in deciding whether to indict or decide to indict in an incomplete state. Conversely, the dominant outlook is that the positive effects of preventing the over-expansion of prosecutorial power and enhancing human rights protection will be greater. Depending on the specific content of the bill and its effective date, sequential changes across the entire criminal justice system are inevitable.

Reactions from the Political Sphere and Stakeholders

Positions within the political arena are clearly divided over the bill to abolish prosecutors' supplementary investigation rights. The Democratic Party of Korea defines this bill as a key task for prosecutorial reform and urges its prompt passage. Former leader Jung Cheong-rae emphasized, "The abolition of supplementary investigation rights is the public's aspiration and an irreversible process of prosecutorial reform," and stressed that the bill must pass the National Assembly before Liberation Day. This demonstrates their stance of correcting various issues that arose from the immense power prosecutors wielded during investigations in the past and realizing judicial justice. The Democratic Party is already pushing for the bill containing the abolition of supplementary investigation rights as its party platform and is reportedly aiming for its passage within the current session.

In contrast, the government and the ruling party are adopting a cautious approach. Prime Minister Kim Boo-kyum stated, "The abolition of supplementary investigation rights is the government's final stance, but specific legislative matters are for the National Assembly to decide," indicating the government's clear will while respecting the National Assembly's role in the legislative process. This suggests that while the government agrees with the necessity of prosecutorial reform, it is also mindful of potential unforeseen side effects or conflicts with other laws during the amendment process. Furthermore, some voices express concern that abolishing prosecutors' supplementary investigation rights could actually hinder investigative efficiency and lead to cases not being properly handled if police investigative capabilities are insufficient. However, civic groups generally welcome prosecutorial reform, and sharp confrontations between the ruling and opposition parties are anticipated during future parliamentary discussions.

Future Legislative Procedures and Outlook

The passage of the bill to abolish prosecutors' supplementary investigation rights through the National Assembly requires several procedures. Currently, the Democratic Party of Korea is pushing the relevant bill as its party platform, and if it is submitted to the relevant standing committee, the Legislation and Judiciary Committee, it will undergo a deliberation process. If it passes the Legislation and Judiciary Committee, it will be put to a vote at the plenary session. Given that former leader Jung Cheong-rae has set Liberation Day (July 17th) as the target, there is a possibility of the bill being passed before mid-July. However, significant friction is expected during the deliberation process depending on the composition of the Legislation and Judiciary Committee and the positions of each party. In particular, discussions are likely to focus on the specific content of the bill, its effective date, and how to fill any potential vacuum created by the abolition of supplementary investigation rights.

Considering the government's stance, even if the bill passes the National Assembly, it must undergo the President's approval. If the government disagrees with the content of the bill passed by the National Assembly, the possibility of the President exercising the right of veto cannot be ruled out. However, given that the government has referred to the abolition of supplementary investigation rights as 'the government's final stance,' the possibility of approval is high if the bill passed by the National Assembly does not significantly differ from the government's position. Nevertheless, the passage of the bill and its specific details may fluctuate depending on the outcome of negotiations between the ruling and opposition parties and the political schedule of the National Assembly. The processing of this bill will be a critical juncture determining the future of Korea's criminal justice system and is expected to further deepen societal discussions on transparency, efficiency, and human rights protection in the judicial system.