South Korea Abolishes Prosecution's Supplementary Investigation Rights, Leaves Legislation to Parliament

The South Korean government has officially decided to abolish the prosecution's supplementary investigation rights, a move that has been a point of contention in ongoing prosecutorial reforms. Prime Minister Kim Boo-kyum announced that the government will not submit its own legislative proposal to the National Assembly, opting instead to allow for open parliamentary deliberation.

This decision follows a period of differing opinions between the ruling party and the government regarding the future of these rights. Proponents of complete abolition fear that retaining supplementary investigation powers could enable prosecutors to engage in targeted or separate investigations. Conversely, those advocating for a more cautious approach argue that allowing prosecutors limited supplementary investigation rights in exceptional cases is necessary to prevent investigative gaps and delays that could arise if the police were granted sole investigative authority.

With the legislative process now in the hands of the National Assembly, the article emphasizes the need for thorough debate and deliberation to formulate a criminal procedure law that best serves the public interest. A key concern highlighted is the potential for increased workload on the police and the risk of "ping-pong" disputes between the prosecution and police over supplementary investigations, ultimately delaying case processing and causing distress to victims.

To mitigate these risks, the article suggests that robust institutional safeguards must be embedded within the law to prevent such delays. This includes ensuring adequate resources and personnel for the police, who will likely see an increase in their investigative responsibilities. Simultaneously, mechanisms for oversight and accountability for the police must be carefully designed. If, after deliberation, the retention of supplementary investigation rights is deemed necessary, their scope must be narrowly and concretely defined to prevent misuse.