Prosecutorial Sabotage Feared as South Korea Overhauls Investigation Laws

South Korea's National Assembly has passed a landmark revision to the Criminal Procedure Act, effectively ending prosecutors' direct investigative powers. The new law, which passed the plenary session on July 31 despite a filibuster by the People Power Party, replaces the prosecutors' direct investigation authority with a "supplementary investigation request" system. This reform is seen as the culmination of institutional prosecutorial reforms initiated by the Moon Jae-in administration, aiming to dismantle the historical concentration of power within the prosecution service. The envisioned system shifts investigative duties to the police and the soon-to-be-established Serious Crime Investigation Agency (SCIA), with prosecutors taking on an oversight role. This move seeks to create a more balanced criminal justice framework, preventing the unchecked power that critics argue led to a "prosecutor republic" era. The debate over the scope of supplementary investigation rights was particularly contentious, with proponents arguing that maintaining any direct investigative power for prosecutors would undermine the core goal of separating investigation and prosecution. Critics contend that even "supplementary" investigations could be exploited, allowing prosecutors to broaden inquiries into related cases and potentially abuse their power, as seen in past high-profile investigations. The article highlights concerns that prosecutors might engage in "sabotage" against the reforms, urging President Yoon Suk-yeol and Justice Minister Song Sang-heon to enforce discipline within the service. The extensive use of search and seizure warrants under the previous system, far exceeding those during the Park Geun-hye administration, is cited as evidence of potential overreach. The article emphasizes that the new system aims to prevent such abuses by decentralizing investigative authority and establishing checks and balances.

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Prosecutorial reform was triggered because the prosecutor republic nearly drove our country to the brink of crisis, so we should no longer entrust investigative powers to prosecutors.