Following the Jang Yun-gi Case, Legislation and Judiciary Committee Discusses Complete Abolition of Prosecutorial Supplementary Investigation Authority

Sparked by the Jang Yun-gi Case… Controversy Over Complete Abolition of Prosecutorial Supplementary Investigation Authority

A revision to the Criminal Procedure Act currently under discussion at the National Assembly’s Legislation and Judiciary Committee is proceeding in a direction that completely abolishes the direct investigation authority of prosecutors, creating palpable tension within the legal community. While the intent is to prevent evidence omission during investigations and litigation risks related to power-driven corruption, investigative agencies in the field are mounting strong resistance. In a written briefing on the morning of the 11th, Democratic Party spokesperson Lee Ju-hee acknowledged the significant concerns triggered by the Jang Yun-gi incident and officially pledged to prepare robust supplementary measures to ensure citizens do not suffer harm.

The impact of the prosecution's exercise of supplementary investigation authority during the trial of former Seongnam Development Bureau Director Jang Yun-gi has sparked massive social debate. Consequently, the Legislation and Judiciary Committee is proceeding with legal procedures aimed at completely separating investigative and prosecutorial powers to check the authority of prosecutors. However, committee members have received review opinions through the National Assembly Legislative Research Service. The report points out that current laws lack specific means to detect or control the abuse of investigative power, such as evidence omission, in advance. Critics argue that even if the intent of the system is sound, there are clear concerns that the actual judicial system could become unstable.

Core Contents of the Revision and the Sharp Divide in Political Stances

The most crucial element of the proposed Criminal Procedure Act revision lies in strengthening the investigative powers granted to the police while fundamentally blocking prosecutors' rights to directly investigate cases. Previously, the prosecution held robust supplementary investigation authority, allowing them to directly fill gaps in cases handed over by the police. If this bill passes, the convention of utilizing various investigative techniques to enhance the quality of indictments in large-scale corporate crimes or highly sophisticated financial crimes is expected to contract significantly.

Opinions within the ruling party are not entirely unified. Democratic Party lawmaker Hong Ki-won and others advocate for preserving investigative authority only for specific cases requiring a high degree of expertise and national importance, rather than completely abolishing supplementary investigation powers. He proposed a concrete agenda by separately introducing an amendment to the Criminal Procedure Act to prevent judicial voids caused by the complete abolition of authority. Conversely, the opposition party and conservative legal groups are raising their voices in criticism, arguing that allowing a police monopoly on investigations could lead to unlimited expansion of biased investigations tailored to the whims of those in power. They are fiercely resisting, citing logical grounds that it could lead to lower prosecution rates and shoddy investigations.

Bill to Extend Second Independent Counsel Investigation by 30 Days Passes Committee

While discussions on the Criminal Procedure Act revision face difficulties, legislation to extend the activity period of the independent counsel investigating the Dec. 3 emergency martial law incident is proceeding rapidly. The National Assembly’s Legislation and Judiciary Committee held a meeting of the Bill Review Subcommittee on the 10th and, led by the ruling party, passed a bill to extend the comprehensive independent counsel's period by an additional 30 days. The second special counsel team, led by Special Prosecutor Kwon Chang-young, is accelerating its investigation by successively requesting arrest warrants for key figures, including former Army Ground Operations Commander Gen. Kang Ho-pil and former Presidential Secretary for Civil Discipline Lee Si-won, as the investigation deadline approaches.

Gen. Kang (ret.) is suspected of participating in insurrection by serving as the regional martial law commander during the emergency martial law declaration and attending related meetings, while former Secretary Lee faces charges of exerting external pressure and leaking investigation secrets during the probe into the death of Marine Cpl. Chae Mo. The special counsel team explained to the court that an extension was inevitable when applying for the warrants. The passage of the extension bill allows the team to secure sufficient material and temporal resources to obtain additional evidence and prepare explanatory materials for remaining suspicious cases. This legislative move is evaluated as satisfying the social demand to uncover the truth behind the incident.

Future of Legislative Tasks and Ripple Effects on the Judicial System

These two major bills serve as key indicators showing the direction of our country's judicial reform. With the future referral of the Criminal Procedure Act revision to the plenary session currently uncertain, the crucial point is whether the ruling party can present concrete alternatives to assuage concerns. If practical coordination procedures within the committee lead to an agreement on establishing the investigative control devices demanded by the opposition, the bill is expected to be submitted to the plenary session in a revised form.

Legal experts analyze that while the trend of reducing prosecutorial authority and strengthening police investigative responsibility aligns with international standards, it will only be effective if accompanied by perfect safety measures to prevent a decline in the quality of investigations and gaps in national security.

The comprehensive special counsel extension bill is expected to be finalized and promulgated following the National Assembly plenary session next month. As it deals with major issues directly linked to national security, including the emergency martial law incident and allegations of interference in the Marine case, strengthening the special counsel team's investigative power will have significant repercussions for both political and financial circles. If the legislative conflict in the political sphere prolongs, there are concerns that policy uncertainty could expand in tax and security sectors. Systematic institutional improvements must be made to ensure that citizens' daily safety is not threatened during the process of redefining roles between investigative agencies and law enforcement bodies.