Prosecutors cannot investigate: Party has no internal disagreement
Translated from Korean, summarized and contextualized by DistantNews.
At a glance
- The Democratic Party's interim leader, Han Byung-do, reaffirmed the party's commitment to completely abolish prosecutors' supplementary investigation rights.
- Han stated that investigations should be handled by investigative agencies and prosecution by the prosecution, emphasizing a clear separation of powers.
- He also addressed concerns about weakened victim protection, arguing for a system that provides equal and robust protection to all citizens, regardless of the prosecutor involved.
South Korea's Democratic Party is set to fully abolish the supplementary investigation rights of prosecutors, a move that would significantly reshape the country's legal system. Han Byung-do, the party's interim leader and floor leader, reiterated this firm stance, vowing to expedite discussions on amending the Criminal Procedure Act.
The Democratic Party's principle has been consistent from the beginning. Investigations should be handled by investigative agencies, and prosecution and maintenance of public prosecution should be handled by the prosecution office.
"The Democratic Party's principle has been consistent from the beginning," Han stated at a party leadership meeting. "Investigations should be handled by investigative agencies, and prosecution and maintenance of public prosecution should be handled by the prosecution office." He emphasized that this separation would not diminish the state's investigative capabilities but would instead ensure stronger protection for crime victims.
Han directly addressed concerns that abolishing these rights could weaken victim protection. He argued against the notion that a prosecutor's individual approach determines a case's outcome. Instead, he called for a system where every citizen receives "equal and robust protection from the state." Han pointed to the past actions of prosecutors, suggesting that the idea that only prosecutors can protect victims is not supported by historical evidence.
We will clearly separate investigation and prosecution while fully maintaining the state's investigative capacity, and protect crime victims more strongly than before.
The party's push to separate investigative and prosecutorial powers aims to prevent potential abuses and ensure a more equitable justice system. This reform is part of a broader effort to redefine the roles and responsibilities within the legal framework, focusing on specialized functions for different branches of the justice system.
The argument that only prosecutors can protect victims is not true, as we can see by looking back at the dark history of the prosecution.
Originally published by Dong-A Ilbo in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.