Democratic Party Pushes for Plenary Vote on Bill to Completely Abolish Prosecutors' Supplementary Investigation Authority

Ruling Party Moves to Put Bill Scrapping Prosecutors' Supplementary Investigation Authority to Plenary Vote

The Democratic Party of Korea plans to handle a revision to the Criminal Procedure Act at the National Assembly plenary session on the 30th that would completely abolish the authority of prosecutors to conduct supplementary investigations. Han Byeong-do, the acting party leader and floor leader, stated at a Supreme Council meeting held at the National Assembly on the 27th that the party would pass the bill within this week without fail. This measure aims to block the power of prosecutors to reclaim and reinvestigate cases transferred to them by the police. Consequently, as investigative responsibility becomes unified under the police, the core institution that has caused conflicts in investigative authority between the prosecution and the police will lose its legal basis.

Under current law, prosecutors may reinvestigate a case even if the police have completed their investigation if they deem it necessary. This so-called supplementary investigation authority has functioned as a relic of the era when the prosecution led all investigations. As the police's own investigative capabilities have significantly improved, there has been persistent criticism that the prosecution abuses this authority to nullify the results of police investigations. Acting Floor Leader Han emphasized that alongside the handling of the Criminal Procedure Act, he would proceed with the cleanup of filibuster and fast-track bills, and swiftly complete the core tasks for realizing judicial justice and prosecution reform.

Key Provisions of the Bill and Impact on the Judicial System

The crux of the revision lies in elevating the police's initial investigation to the final stage of the investigation process. By granting substantive investigative responsibility and authority to judicial police officers, such as the Commissioner of the National Police Agency, the structure aims to limit the massive existing prosecution organization to an agency that only performs the role of prosecution in court. According to policy research institutes, the abolition of supplementary investigation authority is expected to bring about a structural change where tens of thousands of cases annually subject to prosecution reinvestigation will be finalized internally within the police. This is evaluated as a measure that drastically realigns resource allocation across the entire national criminal justice system.

The opposition, including the Rebuilding Korea Party, actively supports this bill as a core element of prosecution reform. Legislators with a background in the judiciary, such as Rep. Roh Hae-chan, have long emphasized the need to clearly separate investigative powers between the prosecution and the police to realize judicial justice. However, some in the legal community point out that if the initial police investigation results reveal legal deficiencies at the indictment stage, the lack of institutional mechanisms for the prosecution to supplement them could lead to a surge in dismissals for lack of evidence. In fact, in the past when the authority of the head of a judicial police station to conclude initial investigations was discussed, side effects such as concerns about the destruction of criminal evidence and an increase in dubious closures were raised.

'Lawyers for a Democratic Society' Labels Bill 'Unconstitutional Legislation'... Political Intensifies

Lawyers for a Democratic Society (Minbyun) expressed strong opposition to the revision of the Criminal Procedure Act containing the abolition of supplementary investigation authority. In an official statement, Minbyun defined the bill as unconstitutional legislation that fundamentally collapses the national criminal justice system. They argue that even the prosecution's authority to refer back cases (remand) is excessively restricted, potentially infringing on the people's right to a fair trial. Their logic is that intervention by a superior investigative agency above the level of a chief of judicial police—essential for discovering the substantive truth of a case—is completely blocked.

Conversely, significant portions of the political circle and civil society organizations view this as essential legislation to end the monopolistic status of the prosecution, a power authority. Rep. Lee Jong-geun of the Rebuilding Korea Party and others argue that institutional safeguards must be established to prevent the abuse of traditional state power, keeping pace with the advanced society driven by AI and digital technology. They urge the Legislation and Judiciary Committee to address the dismantling of the organized vested interests of high-ranking institutions such as the Ministry of Justice and the Supreme Prosecutors' Office. During the review process of the National Assembly committee, sharp conflicts of opinion between both sides are continuing, adding fuel to the social controversy.

Outlook for Plenary Passage This Week and Future Legislative Schedule

In line with the strong will expressed by the Democratic Party's acting floor leader, the bill is highly likely to be put to a vote at the National Assembly plenary session this week. After a full committee review of the Criminal Procedure Act clauses additionally referred to the Legislation and Judiciary Committee, a plenary vote is expected to take place immediately. The ruling party appears to be solidifying its justification for unilateral processing based on a majority of seats and is expected to employ a strategy of minimizing legislative delays by putting related bills up for a vote en bloc. A linked vote with other judiciary reform bills designated as fast-track items is also considered a likely scenario.

However, physical obstruction and legal responses from the opposition and conservative legal groups are anticipated, making significant political friction inevitable during the actual Assembly voting process. If concerns regarding the unconstitutionality of the law continue to be raised, centering on Minbyun and others, there remains a variable that could lead to a jurisdictional dispute or a request for a constitutional review by the Constitutional Court even after passage. Simultaneously, the National Assembly is also pushing for the review of a special counsel bill regarding the shortage of ballot papers in the June 3 local elections; therefore, the ripple effects of the future legislative speed of the Assembly Judiciary Committee and the direction of judicial system restructuring on the entire national macro-system will become even more pronounced.