Democratic Party Pushes for Complete Abolition of Prosecutors' Complementary Investigation Authority

Push to Abolish Prosecutors' Complementary Investigation Rights and Legislative Background

Democratic Party Task Force members Kim Seung-won, Kim Han-kyu, Park Sang-hyeok, and Lee Hae-sik submitted a revision to the Criminal Procedure Act to the National Assembly on the 9th, aiming to completely abolish the prosecution's complementary investigation authority. Under current law, prosecutors can conduct additional investigations if deemed necessary even after the police have referred a case. This authority has been maintained under the pretext of guaranteeing the completeness of investigations. However, following recent incidents like the Jang Yoon-ki case, criticism has arisen that this power leads to forced indictments and abuse of investigation by prosecutors. The amendment aims to fundamentally block this by strengthening the police's authority to conclude investigations and minimizing room for prosecution intervention. The National Assembly's Legislation and Judiciary Committee plans to enter a race to process the related bill within this month following internal party discussions.

Key Issues Following the Reorganization of the Criminal Investigation System

The core of the amendment is a clear separation of powers between the police and the prosecution. The police will be responsible for the entire process from the initial investigation to the conclusion of the case, while the prosecution will focus solely on filing and maintaining indictments in court. The Democratic Party's legislative review team analyzed that the existing investigation structure causes redundant work, wasting unnecessary budget and manpower. Meanwhile, the opposition party, the People Power Party, is strongly opposing the move, arguing for partial retention based on crime types rather than complete abolition. The opposition points out that there is a high risk of major crimes being under-investigated due to insufficient investigation. Civil society organizations and legal experts are divided on this issue. Some legal groups, such as the Korean Bar Association, have issued statements urging the swift passage of the bill, defining the complete separation of investigation powers as the trend of the times. Conversely, some incumbent prosecutors have raised concerns that if indictment authority and substantive investigation authority are completely separated, the continuity of evidence collection could be severed, potentially lowering the quality of trials.

Proposal for Special Counsel on NEC and Investigation into Ballot Shortage Scandal

Alongside prosecution reform legislation, the Democratic Party also proposed a special counsel bill on the 9th as a party platform to strictly investigate the ballot shortage during the June 3 local elections. Floor Leader Cheon Jun-ho officially requested cooperation from the People Power Party for processing the special counsel bill during a policy coordination meeting that morning. A key feature of this special counsel bill is the adoption of a third-party recommendation method to secure political neutrality. The Democratic Party has stipulated that objective external organizations, such as the Korean Bar Association, recommend special counsel candidates to ensure the fairness of the investigation. Additionally, a National Election Commission (NEC) reform bill was introduced to facilitate fundamental institutional improvements to the election body. The bill includes key provisions for the introduction of a standing chairperson system and the mandatory holding of personnel hearings for the Secretary General. This legislative measure aims to strengthen democratic control over state officials and prevent the recurrence of similar election management failures.

National Assembly Legislative Schedule and Social Implications

The National Assembly is accelerating the processing of key judicial and election-related bills ahead of the upcoming plenary session recess. Members of the Legislation and Judiciary Committee plan to complete subcommittee review on the bill to abolish complementary investigation rights as early as this week. The ruling party has begun last-minute negotiations with the opposition to secure the votes needed to force a plenary vote in mid-July. The People Power Party is countering by pushing for an extension of the comprehensive special counsel's investigation period and the introduction of a follow-up special counsel system dedicated to maintaining indictments. The sharp conflict between the ruling and opposition parties is expected to reach its peak during the plenary vote process. If the revision passes, the national investigation system will be completely reorganized into a police responsibility system, and factors of conflict between the police and prosecution regarding securing core evidence prior to indictment will be significantly reduced. Furthermore, if the NEC special counsel proceeds smoothly, a foundation will be laid for comprehensive judicial judgment on administrative corruption during the local elections. The National Assembly's subsequent legislative procedures and the final voting trends of both parties will serve as key indicators shaping the future direction of state administration.