Government and Ruling Party Accelerate Push to Abolish Prosecutors' Supplementary Investigation Rights

Abolition of Prosecutors' Supplementary Investigation Rights Gains Legislative Momentum; Government and Ruling Party Reaffirm Stance

Prime Minister Kim Boo-kyum has reaffirmed the government's consistent stance on abolishing prosecutors' supplementary investigation rights, expressing readiness to take follow-up measures if the National Assembly proceeds with legislation. This move is seen as the ruling party and government clearly articulating their position amidst accelerating efforts by opposition parties, particularly the Democratic Party of Korea, to pass prosecutorial reform bills. The core of the proposed legislation is to limit or abolish the supplementary investigation rights, which allow prosecutors to conduct additional investigations without the request of the investigated party or a court order after deciding on indictment. These rights are being discussed as a means to reduce the scope of direct investigations by prosecutors and enhance the political neutrality of investigations.

Currently, prosecutors' supplementary investigation rights are stipulated in the Criminal Procedure Act, providing a basis for prosecutors to conduct further investigations upon requests from courts or other investigative agencies for cases they have indicted. However, opposition parties criticize this system as a breeding ground for "post-indictment investigations," where prosecutors effectively continue investigations even after indictment, and argue it must be fundamentally blocked. Specifically, former Democratic Party leader Rep. Chung Cheong-rae has emphasized the urgency of passing the bill before Liberation Day (July 17), calling for its passage in the National Assembly by then. Furthermore, Rep. Lee Yong-gi of the Progressive Party has identified prosecutorial reform as a key policy direction for realizing judicial justice and urged improvements to the prosecutorial system, including the abolition of supplementary investigation rights. Rep. Jeon Tae-joon of the Democratic Party has also advocated for passing a bill that abolishes prosecutors' direct investigation powers, leaving only indictment functions as the "number one prosecutorial reform bill.".

Key Contents of the Bill and Expected Repercussions

The key aspect of the bill to abolish prosecutors' supplementary investigation rights is to eliminate the basis for prosecutors to conduct additional investigations into cases they have indicted. This can be seen as an attempt to further clarify the separation between the prosecution's direct investigation function and its indictment power. If the bill passes, prosecutors would focus on pre-indictment investigations, and post-indictment legal procedures would likely proceed based on court judgments. This could strengthen the protection of defendants' rights by preventing them from facing additional pressure or investigation from prosecutors after indictment. Moreover, as the scope of prosecutorial investigations shrinks, the roles of other investigative agencies, such as the police, could become relatively more important.

However, concerns also exist that the abolition of supplementary investigation rights could lead to unforeseen side effects. Some point out that the continuity of investigations might be hindered, or that uncovering the truth in certain complex cases could become more difficult. In particular, with ongoing judicial proceedings like the appeal of former President Yoon Suk-yeol's alleged sedition case, various discussions are taking place alongside court judgments, including claims by special prosecutors, drawing significant public attention to the entire investigation and trial process. The current discussion on abolishing supplementary investigation rights can be interpreted as a move to redefine prosecutorial authority within this context. With discussions even touching upon the possibility of abolition through government decrees, significant changes to the prosecution's organization and operation are anticipated if the legislative bill passes the National Assembly.

Debate and Expert Opinions

The debate surrounding the abolition of prosecutors' supplementary investigation rights is heated. Opposition parties, including the Democratic Party and the Progressive Party, are strongly demanding the bill's passage, emphasizing the need for prosecutorial reform. They argue that supplementary investigation rights can lead to the abuse of unchecked prosecutorial power and undermine the fairness and political neutrality of investigations. Former Rep. Chung Cheong-rae's remark, "Please prepare for the complete abolition even through a government decree," demonstrates a resolve to finalize the abolition of supplementary investigation rights not only through legislation but also through administrative measures. Such arguments carry a political message aimed at strengthening the foundations of democracy by curbing prosecutorial power.

In contrast, the government and the ruling party are taking a cautious stance or indicating follow-up actions if the bill passes, while observing the situation. Within the People Power Party, various discussions are underway regarding the role of prosecutors, such as Rep. Jeong Jeong-sik's statement at a reform seminar for the election management committee, "The disregard for parliamentary inquiry is deplorable; a special prosecutor is needed." However, the prevailing atmosphere is one of emphasizing review during the legislative process rather than uniformly stating a clear position on the abolition of supplementary investigation rights. Opinions are also divided among civic groups and legal experts. Some believe that curbing prosecutorial power will contribute to the realization of judicial justice and the protection of human rights, while others worry that it could excessively restrict the prosecution's inherent investigative powers necessary for investigative efficiency, national security, and the maintenance of public order. Notably, this discussion is unfolding against the backdrop of a trend toward strengthening investigative and information-gathering restrictions in specific areas, such as the proposed Ministry of National Defense Investigation Agency decree, which explicitly prohibits 'trend investigations.' This makes the debate over abolishing supplementary investigation rights likely to become more complex.

Future Outlook and Legislative Process

Following Prime Minister Kim's remarks, legislative bills related to the abolition of prosecutors' supplementary investigation rights are expected to be discussed more rapidly in the National Assembly. Given the opposition's goal to pass the bill before Liberation Day, the review process in relevant standing committees may accelerate. However, as the bill's passage is difficult without the cooperation of the ruling party, fierce negotiations between the ruling and opposition parties are inevitable. If the bill passes the National Assembly, the government will need to prepare concrete follow-up measures for its implementation, which could include revising decrees and organizing related regulations. The government's "consistent stance" is interpreted as providing direction for these follow-up actions.

If the abolition of supplementary investigation rights becomes a reality, prosecutors' roles are expected to become more concentrated on indictment and trial proceedings. This could lead to a dispersion of investigative resources and a strengthening of the capabilities of subordinate investigative agencies like the police, ultimately bringing about a comprehensive change in South Korea's judicial system. However, a cautious approach is required to minimize any unexpected legal or institutional gaps that may arise during this process. As related discussions intensify, attention is focused on whether legislation will proceed in a direction that achieves national consensus and strengthens judicial justice and the principle of the rule of law.