South Korea Abolishes Prosecution's Investigative Power in Major Justice Reform

South Korea has taken a significant step in reforming its justice system by passing a bill that abolishes the prosecution's direct investigative authority. The amendment to the Criminal Procedure Act, approved by the Cabinet, transfers investigative powers to the police and the Corruption Investigation Office for High-ranking Officials (CIO), marking a fundamental overhaul after 72 years.

“

The separation of investigation and indictment is the first step toward normalizing an abnormal criminal justice system where prosecutors have exercised excessively excessive power.

President Lee Jae-myung hailed the reform as the "first step toward normalizing an abnormal criminal justice system" where prosecutors had wielded excessive power. He rejected calls from the opposition People Power Party to exercise his veto power, stating that the situation did not warrant such a drastic measure that would negate parliamentary legislative authority. Under the new laws, effective October 2nd, all criminal investigations will be conducted by judicial police officers (police and CIO investigators), while prosecutors will be limited to requesting supplementary investigations from the police.

“

It is difficult to see the situation as so serious as to negate parliamentary legislative power.

This reform is seen as a response to societal consensus demanding an end to prosecutorial misconduct, including alleged separate, targeted, and politically motivated investigations. However, the article emphasizes that this is merely the beginning of the reform process. The newly empowered police and CIO must now demonstrate their capability and impartiality. The President specifically urged the police, who will now hold significant investigative power, to operate with a "bone-grinding attitude" given public concerns about their fairness and competence in protecting crime victims.

“

All criminal cases will be investigated by judicial police officers and the CIO, with prosecutors only able to request supplementary investigations.

Prosecutors will now focus on their role as indictment bodies, responsible for filing and maintaining charges, executing sentences, and recovering criminal proceeds. The President pledged that the government would diligently monitor the system's implementation and make swift, bold, and thorough adjustments if any shortcomings or errors are identified. All relevant parties, including the ruling party, the Ministry of Justice, the Ministry of the Interior and Safety, the prosecution, and the police, are called upon to commit to completing this reform.

“

The police must feel a greater sense of responsibility as they will monopolize investigative authority.