Postponing the revised criminal procedure law by one year is proposed

South Korea is on the brink of a significant overhaul of its criminal justice system with a revised criminal procedure law, but a prominent lawyer warns that the current timeline is dangerously inadequate. The law, set to take effect soon, necessitates the creation of a new Serious Crimes Investigation Agency and a complete revision of over 180 subordinate laws to align with new investigative procedures.

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Trying and then fixing is possible for some things, but not for others. Even after drug development is complete, new drugs undergo rigorous safety verification through Phase 4 clinical trials because even minor side effects can cost lives. How much more so for a criminal justice system directly linked to citizens' lives, freedom, and property?

Lawyer and former Deputy Prosecutor General Gu Bon-seon argues that rushing the implementation, just two months after the law's passage, is akin to administering an untested drug. He highlights the immense practical challenges, including the need to establish new agencies, secure specialized personnel, and meticulously transfer and reorganize an estimated 1.5 million pending and archived cases. This process, he contends, requires far more than the remaining 40-odd days.

Gu draws on his past experience managing the transfer of cases between jurisdictions, which took eight months for a fraction of the current scope. He emphasizes that any error in case numbers or evidence could directly infringe upon the rights of suspects and victims. The current situation, with a new agency still in its recruitment phase and subordinate laws not yet finalized, presents a high risk of case suspension, loss of evidence, and procedural irregularities.

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The true completion of reform comes not from slogans but from perfect execution in the field. If the reform causes suffering to the public due to hasty completion, that reform can be considered a failure and may come to nothing.

"The true completion of reform comes not from slogans but from perfect execution in the field," Gu writes. He stresses that a rushed implementation could lead to unprecedented situations, such as releasing guilty individuals due to missing records or procedural flaws. To prevent potential chaos and protect the public, Gu strongly advocates for a one-year postponement of the revised law's implementation. This would allow for detailed procedural design, rigorous testing, and the establishment of necessary infrastructure, ensuring the criminal justice system can function effectively and without disruption.

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The government and legislature must listen to the cries from the field and postpone the implementation of the revised criminal procedure law by at least one year.