Prosecutors' Complementary Investigation Authority Completely Abolished…Police Independent Investigation System Introduced

Complete Abolition of Prosecutors' Complementary Investigation Authority…A Historic Turning Point for the Judicial System

Led by the Democratic Party of Korea, the revised Criminal Procedure Act, which completely abolishes the prosecution's complementary investigation authority, passed the plenary session of the National Assembly. This is a core legislative measure that marks the full-scale dismantling of the landscape of prosecution monopoly power, which has taken deep root in Korean society for a long time by clearly separating the powers of investigation and indictment. With the passage of this bill, a system has been completed where the police take full charge of the primary investigation authority for all cases, while the prosecution's role has been reestablished as a purely judicial intervention body that reviews whether to indict.

The People Power Party raised its voice in immediate opposition, strongly urging the withdrawal of the revision. Defining the bill as an "evil law" designed only for criminals and President Lee Jae-myung, the opposition views it as a move to build a political shield for the ruling party, which had faced prosecution investigations during their time as opposition leaders. However, the ruling party made it clear that the task was an inevitable national agenda to prevent the monopoly of power agencies and correct judicial justice. The Democratic Party of Korea assessed that it has finally fulfilled the long-held aspiration of prosecutorial reform: the separation of investigation and indictment.

Sharp Differences Between Ruling and Opposition Parties and Government Strategy

The political disagreement was starkly revealed during the processing of the revision. Democratic Party lawmaker Kwak Sang-eon cast a dissenting vote despite the party line, exposing internal division. Meanwhile, the People Power Party attempted to gather votes, but showed signs of confusion as lawmakers such as Lee Eon-ju were absent or broke ranks. Regardless of party affiliation, the overhaul of the judicial system is recognized as a suprapartisan issue directly linked to election results and voter sentiment, which are the lifelines of politicians.

The People Power Party is pressuring President Lee Jae-myung to immediately exercise his veto power, specifically the right to request reconsideration. Conversely, the government and the Ministry of Justice are taking a prudent approach, focusing on substantial institutional supplementation rather than political confrontation. Justice Minister Seong-ho Jung is known to have maintained a cautious stance on the abolition of complementary investigation authority until the end. These moves suggest that meticulous administrative safety nets must be established in advance to prevent investigative blind spots or a passive response from the prosecution after the law takes effect.

Commentator Ryu Si-min, a progressive figure, strongly criticized the direction of President Lee Jae-myung's prosecutorial reform, saying it "smelled fishy," and offered a pointed critique regarding the system's completeness.

At a time when concerns of sabotage from within the prosecutorial organization—under the guise of fighting to the death—are being raised, sophisticated control and intervention by the executive branch are essential. Ryu Si-min, a prominent writer and former presidential candidate, recently harshly criticized the Lee Jae-myung government's direction for prosecutorial reform, stating it "reeks of a fish market." This is because political compromises to appease the vested interests intervened in the process of dividing investigative authority. Clear follow-up institutional arrangements are urgently needed to fill the void in the judicial system following the reorganization and to guarantee the protection of citizens' basic rights.

Market Impact and Outlook for Separation of Investigation and Indictment

This institutional change provides a significant turning point for the economic and investment environment. Until now, the prosecution frequently exercised search and seizure and direct investigations in disputes over corporate management rights and large-scale financial cases, often increasing market uncertainty. The economic community cautiously forecasts that investment sentiment will improve as the prosecution's direct intervention in normal business activities decreases due to the separation of investigation and indictment. Conversely, there are concerns that a lack of expertise in economic crime investigations could lead to delays in detecting large-scale financial fraud or securities crimes.

Moving forward, a significant expansion of personnel and budget to strengthen police investigative capabilities must precede efforts to fill the gaps in public security. Additionally, through the efficient restructuring of the prosecution organization, which now retains only indictment authority, the investigative command system must be stabilized soon after the loss of investigative powers. Prosecutorial reform, a key national agenda of the Lee Jae-myung government, does not end with the passage of the bill but rather marks the beginning of the implementation stage to settle the new system. It is expected that continued national consensus transcending political strife between the ruling and opposition parties, along with meticulous administrative support, will be required until the judicial system stabilizes.