Abolishing Prosecution's Supplementary Investigation Rights: Is the Police Ready?

The potential abolition of the prosecution's supplementary investigation rights is poised to significantly reshape South Korea's criminal justice system, placing all investigative powers solely in the hands of the police. This move, strongly advocated by the ruling Democratic Party, particularly through proposed legislation led by Rep. Kim Yong-min, would effectively strip prosecutors of their ability to conduct follow-up investigations.

“

The prosecution's supplementary investigation rights should be completely abolished.

However, the proposed reform faces significant criticism, primarily centered on public trust in the police. The article highlights that victims, especially those from vulnerable groups like women, the disabled, and minors, often harbor deep distrust towards the police. Citing examples from a book by journalist Kwak A-ram, the piece illustrates how police can sometimes exacerbate victims' suffering through perceived incompetence, lack of empathy, or overly conservative legal interpretations, leading to "secondary harm."

While acknowledging that the police are not inherently incompetent and that the prosecution is not necessarily more capable, the article stresses the importance of distinct institutional roles. Lawyers representing victims of social vulnerability argue that the prosecution's supplementary investigation power serves as a crucial fallback when police investigations falter. They emphasize the need for an alternative when police, overwhelmed by a surge in cases post-police-prosecution power adjustment, might avoid complex or troublesome cases.

“

Is there a countermeasure for victim protection when the prosecution completely refrains from investigation?

The author warns that ignoring these concerns could have severe political repercussions for the current administration. Drawing parallels to the previous Moon Jae-in administration's struggles with public approval, partly due to the controversial "prosecution reform" and the subsequent conflict between the justice minister and the prosecutor general, the article suggests that mishandling this reform could further alienate the public, especially amidst existing economic anxieties. The piece concludes by cautioning that while reforms can be adjusted post-implementation, the cost of errors in such a sensitive area could be substantial, potentially strengthening the prosecution while weakening the ruling party's power.

“

The police are perceived as a group that inflicts 'secondary pain' on socially vulnerable individuals due to incompetence and irresponsibility.