Revision of Criminal Procedure Act Passes National Assembly; Establishes Separation of Police Investigation and Prosecution Indictment in Major Judicial Shift

Bill to Strip Prosecutors of Investigative Authority Passes… A Turning Point for the 70-Year Judicial System

The revision of the Criminal Procedure Act, which completely abolishes the prosecution's direct investigation powers, narrowly passed the plenary session of the National Assembly. With 175 votes in favor, 2 against, and 1 abstention out of 178 lawmakers present, the prosecution reform bill led by the ruling bloc was concluded. This is a pivotal event marking a shift in South Korea's judicial framework, maintained for 70 years, from a system of complete investigation and indictment monopoly to a principle of clear separation between police investigation and prosecution indictment. The process of clearing out deep-seated judicial abuses—a top priority since the inauguration of the Lee Jae-myung administration—appears to be winding down with the passage of this bill.

Political Reactions and Shifts in Judicial Landscape

The ruling party evaluates the vote result as a historic achievement that fundamentally blocks the potential for the abuse of state power. Their stance is that by boldly curtailing the authority of an institution that held a monopoly for 70 years, an institutional foundation has been laid to guarantee citizens' basic rights. Conversely, the main opposition People Power Party attempted to block the vote until the end by engaging in a filibuster during the plenary session. As the session deadline approached and discussions were forcibly terminated around midnight, the opposition criticized the bill's passage, arguing it would undermine the independence of investigations and create a blind spot for human rights regarding criminal suspects. The fact that even some ruling party lawmakers cast abstention votes during the vote revealed internal divisions.

The core of the revised legislation is the transfer of direct investigative functions to the police. Previously, the structure allowed the agency responsible for directly interrogating suspects and collecting evidence to also exercise indictment authority. This dual power carried the inherent risk of serving as a tool for indiscriminate investigations tailored to the intentions of a specific regime. However, moving forward, the roles of the police organization, responsible for investigations, and the prosecution, responsible for deciding on indictments, will be clearly distinguished. By introducing the principle of checks and balances into the judicial system, a mechanism has been established to prevent the unilateral excessive concentration of power.

Future Political Schedule and Market Expectations

Former President Moon Jae-in issued a statement immediately after the bill's passage, welcoming the completion of the reform. He emphasized the need for thorough follow-up measures to prevent concerns about the infringement of citizens' rights resulting from the reduction of prosecutorial investigative power. This commentary goes beyond simple applause from a past administration and accurately identifies the tasks the political sector must resolve during the future stabilization process. Enhancing the capabilities of the police, who face an absolute shortage of investigative expertise, and ensuring the personnel neutrality of the body holding indictment authority remain as lingering challenges. The successful settlement of the system requires organic cooperation from relevant ministries and accompanying supplementary legal work.

This legislative passage is expected to serve as a catalyst that further boosts the governance momentum of the Lee Jae-myung administration. Recent opinion polls have confirmed that the positive evaluation rate for President Lee's state governance reaches 53%. By fulfilling a long-held project of his core support base on top of a stable support foundation, the administration has demonstrated the solidity of its ruling base both domestically and internationally. Economic and industry experts analyze that the increased transparency of the judicial system will directly lead to a rise in national credibility. It is expected to act as a positive factor by enhancing the predictability of corporate activities, thereby contributing to long-term capital attraction and market stability.