President Lee: Separating investigative, prosecutorial powers is key to judicial normalization

South Korean President Lee Jae-myung asserted that separating investigative and prosecutorial powers is the foundational step for normalizing the nation's judicial system. Addressing the contentious revision of the Criminal Procedure Act, which aims to abolish the prosecution's supplementary investigation rights, Lee stated that the law does not warrant a presidential veto.

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The exercise of veto power cannot be done simply because there are differing opinions. According to the principle of separation of powers, one can deny the other's authority and power only when their exercise of authority itself violates the separation of powers or the constitutional order.

During a State Council meeting, President Lee emphasized that veto power is not a tool for expressing simple disagreement. He explained that according to constitutional scholarship, a presidential veto is only justifiable if the opposing branch's actions fundamentally violate the principle of separation of powers or the constitutional order. Lee argued that the current legislative revision does not reach that threshold, asserting that all powers granted by the people must be exercised transparently and fairly under the principle of checks and balances.

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All powers granted by the sovereign people must be exercised transparently and fairly based on the principle of checks and balances. This is the foundation that upholds popular sovereignty, democracy, and the rule of law, and it is a key prerequisite for more faithfully protecting the people's human rights and universal rights.

Lee criticized certain factions within the prosecution for allegedly misusing their authority to conduct investigations solely for the purpose of indictment. He accused them of habitually covering up cases or engaging in targeted investigations to punish specific individuals. The President framed the separation of investigative and prosecutorial powers as a necessary move to rectify an abnormal criminal justice system and ensure all power institutions remain under public control.

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Some groups within the prosecution have abused their authority to investigate for indictment, habitually covering up existing cases or conducting unrelated investigations and smear campaigns to punish specific individuals.

While championing the reform, President Lee also acknowledged the growing concerns regarding the police potentially consolidating excessive power. He stressed the necessity of follow-up legislative and institutional adjustments to address this issue. Ensuring fairness and enhancing investigative capabilities during the transition period for new investigative teams is paramount to prevent any undue hardship for citizens, he added.

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The separation of investigation and prosecution is the first step in normalizing the abnormal criminal justice system.