Choo Mi-ae: Partially Restoring Prosecutorial Investigative Powers Risks Reverting to 'Anti-Democratic System'

Gyeonggi Governor Choo Mi-ae has strongly opposed recent proposals within the Democratic Party to partially reinstate prosecutorial investigative powers. She warned that such a move would risk a regression to what she described as the "most anti-democratic prosecutorial system" and effectively nullify the reform efforts undertaken by the Moon Jae-in administration.

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It carries a high risk of reverting to the most anti-democratic prosecutorial system and undoing all efforts up to now, returning to the pre-Moon Jae-in government era.

Addressing fellow Democratic Party lawmakers via Facebook, Choo acknowledged concerns about prosecutors completely withdrawing from investigations following the separation of investigative and prosecutorial powers. She urged those who are promoting anxiety and confusion to reconsider, stating, "We must properly separate investigation and prosecution for effective police-prosecutor cooperation and to properly protect citizens' human rights and victim relief."

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We must properly separate investigation and prosecution for effective police-prosecutor cooperation and to properly protect citizens' human rights and victim relief.

Choo specifically criticized a bill proposed by Democratic Party lawmaker Hong Ki-won, which suggests allowing limited supplementary investigative authority for prosecutors, particularly in cases involving socially vulnerable individuals. She deemed this proposal "extremely dangerous." Recalling her tenure as Justice Minister in 2020, Choo highlighted the establishment of "Guidelines on Cooperation in Investigations between Prosecutors and Police." She asserted that this framework enabled prosecutors to oversee police investigations from the initial stages through supervision and consultation, thereby maintaining judicial control via requests for supplementary investigations and case referrals.

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This is extremely dangerous.

Choo dismissed arguments for restoring prosecutorial investigative powers based on instances of inadequate supplementary investigations, calling them "practical errors" that can be rectified. She further contended that no country allows a prosecutor general to commit crimes without facing disciplinary action from the Justice Minister or personnel measures from the President. She concluded by stating that the public has already experienced the "extreme consequences of unchecked, absolute power held by prosecutors," and that further delay in prosecutorial reform is unacceptable for the 22nd National Assembly.

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Prosecutors can control police investigations at any time through supplementary investigation requests and referral requests, with judicial oversight possible through supervision and consultation.