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Prosecution Reform Advisory Committee: Supplementary Investigations Needed, Suggests Reviving Full Case Transfer if Abol
🇰🇷 South Korea /Crime & Justice

Prosecution Reform Advisory Committee: Supplementary Investigations Needed, Suggests Reviving Full Case Transfer if Abolished

From Dong-A Ilbo · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • A consultative body for prosecution reform has stated that supplementary investigations by prosecutors are necessary, albeit limited.
  • The committee warns that if prosecutors' supplementary investigations are completely abolished, the system of sending all cases to the prosecution should be revived.
  • The committee expressed concern that the amendment might be finalized without fully reflecting concerns or providing necessary supplementary measures.

A consultative committee for prosecution reform has voiced concerns over proposed changes to investigative powers, arguing that prosecutors still need a limited capacity for supplementary investigations. The committee stated on Tuesday that "supplementary investigations by prosecutors are necessary, albeit limited." This stance comes as part of discussions surrounding reforms aimed at redefining the roles of prosecutors and police in criminal investigations.

Supplementary investigations by prosecutors are necessary, albeit limited.

— Prosecution Reform Advisory CommitteeStating the committee's position on the need for prosecutors to retain some investigative powers.

The committee issued a statement expressing apprehension about the potential finalization of an amendment that may not adequately incorporate existing concerns or establish essential supplementary measures. "We cannot help but worry about the possibility that the amendment will be finalized without fully reflecting the concerns raised and without establishing the necessary supplementary measures," the statement read.

We cannot help but worry about the possibility that the amendment will be finalized without fully reflecting the concerns raised and without establishing the necessary supplementary measures.

— Prosecution Reform Advisory CommitteeExpressing concern over the current amendment process for the Criminal Procedure Act.

Furthermore, the committee proposed that if the direct supplementary investigation powers of prosecutors are entirely abolished, a system requiring the transfer of all cases to the prosecution should be reinstated. They highlighted the practical limitations of relying solely on requests for supplementary investigations, particularly in cases with short statutes of limitations, such as violations of public official election laws. The committee emphasized that the protection of citizens' rights and the realization of criminal justice must be the top priorities during the amendment process of the Criminal Procedure Act.

The plan to completely prohibit prosecutors' direct supplementary investigations and replace them solely with requests for supplementary investigations has practical limitations.

— Prosecution Reform Advisory CommitteeExplaining the committee's reasoning against a complete abolition of prosecutors' investigative roles.

The statement was signed by the committee chair, Lee Geun-woo, a professor at Gachon University's Law School, and seven other committee members, totaling eight signatories. Their input underscores a significant debate within South Korea regarding the balance of power and investigative authority between the prosecution service and the police.

The protection of citizens' rights and the realization of criminal justice must be the top priorities.

— Prosecution Reform Advisory CommitteeHighlighting the fundamental principles that should guide the legal reforms.
DistantNews Editorial

Originally published by Dong-A Ilbo in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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