Bill to Abolish Prosecution's Supplementary Investigation Authority Sparks Ruling-Opposition Clash Following Jang Yun-gi Case

Sparked by Jang Yun-gi Case… Bill to Abolish Prosecution's Supplementary Investigation Authority Becomes Key Issue

The recent amendment to the Criminal Procedure Act, under discussion at the National Assembly's Legislation and Judiciary Committee, is causing significant social repercussions following the trial results of Jang Yun-gi, a key figure in the arms procurement corruption scandal. A precedent was set where a court ruled evidence obtained through the prosecution's supplementary investigation as illegal, resulting in an acquittal. There have been persistent calls from the ruling party for institutional measures to prevent illegal investigations. Against this backdrop, the opposition party has been pushing to expand investigative powers, making this a critical point of contention in the process of reaching a social consensus on the current law.

The core of the bill is the complete abolition of the prosecution's supplementary investigation authority, which previously allowed prosecutors to effectively continue their own investigations even after a warrant request was dismissed. Under the current system, even if the judiciary specifies the reasons for dismissal, it has been customary for investigative agencies to collect additional materials under the pretext of supplementing the investigation. If the revision passes, measures to protect the fundamental human rights of suspects are expected to be significantly strengthened. However, there are also concerns that this could create a blind spot where it becomes difficult to maintain prosecutions due to a failure to secure key evidence in serious crimes.

Sharp Debate Between Parties and Experts

The Democratic Party of Korea emphasizes that this amendment is a minimum measure to help prevent the infringement of citizens' basic rights. Floor Spokesperson Lee Ju-hee acknowledged the existence of concerns during a briefing and pledged to prepare concrete and robust supplementary measures to prevent disadvantages to the public. As some have raised concerns about weakened investigative capabilities, alternative proposals, such as an amendment by Rep. Hong Ki-won to retain the authority in a limited capacity, are also being discussed.

The People Power Party is strongly opposing the bill, arguing that it could hinder the substantive relief of rights for crime victims. Chief Floor Spokesperson Choi Eun-seok criticized the opposition party's unilateral handling of the bill, noting that the majority of public opinion already expresses deep concern over the abolition of supplementary investigation authority. Legal experts also argue that a National Assembly-level discussion is essential as the values of preventing the destruction of evidence in serious crimes and protecting victims are in conflict. There is an analysis that excessive restriction of investigative authority could produce a backlash that makes it difficult to uncover the substantive truth.

Extension of Special Counsel Act and Legislative Variables for Election Commission Special Counsel

Parallel to discussions on the Criminal Procedure Act, the extension of the 2nd Comprehensive Special Counsel has also emerged as a key legislative trend after passing the Judiciary Subcommittee. The investigation deadline for Special Counsel Kwak Chang-young’s team, regarding the Dec. 3 emergency martial law declaration, was extended by 30 days, led by the ruling party. Following this measure, the investigation has gained momentum, including the request for arrest warrants for former Army Ground Operations Commander Gen. Kim Ho-il and former Secretary Lee Si-won.

Separately, institutional friction continues regarding the method of appointing a special counsel to investigate the ballot shortage scandal at the National Election Commission. The opposition party insists on a third-party recommendation method to eliminate specific political influence, while the ruling party demands a method of direct recommendation by the opposition party under the pretext of dismantling the election cartel. Rep. Jang Dong-hyeop, speaking for the ruling party, criticized the Democratic Party for diminishing the essence of the incident. If the gap between the two sides' positions is not narrowed, it is highly likely that the timing of the plenary session referral will be delayed.

Prospects for Legislative Schedule and Social Impact

The Criminal Procedure Act amendment is currently under review by the Legislation and Judiciary Subcommittee. Given the National Assembly structure led by the ruling party, passage at the plenary session is expected to be possible. However, as opposition from the opposition party and legal circles intensifies, amendments and supplements regarding auxiliary resolutions, such as the guarantee of the right to interrogate suspects, have become inevitable. If minimum cross-regulations are not established, there is a high possibility of significant confusion in on-site application even after the bill passes.

These legislative measures are expected to initially serve to enhance the transparency of criminal investigation procedures. In the long term, they are also expected to have a financial effect of reducing state compensation lawsuits resulting from illegal investigations by increasing the rigor of evidence collection at the indictment stage. If the prosecution's direct supplementary investigation is blocked, it must be accompanied by an essential strengthening of the police's initial investigation capabilities and investment in scientific investigation techniques. Establishing concrete guidelines to balance investigative techniques and human rights protection is evaluated as this Assembly's key legislative task.