South Korea Eyes Abolishing Prosecution's Supplementary Investigation Rights Post-Elections

The South Korean government and the Democratic Party are signaling a significant move towards reforming the prosecution's powers, with discussions on abolishing its supplementary investigation rights set to intensify after the June 3 local elections. A recent joint forum hosted by the Democratic Party and the government focused on the future of the criminal justice system, where a key proposal suggested retaining only the prosecution's 'request' rights for supplementary investigations, thereby stripping them of direct investigative authority.

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We aim to discuss what practical and effective measures are needed for a criminal justice system for the people, under the principle of supplementary investigation requests.

This proposed reform aligns with Prime Minister Kim Boo-kyum's publicly stated position. He has previously emphasized that the abolition of supplementary investigation rights is a principle the government adheres to. The current discussions aim to finalize a government proposal for amending the Criminal Procedure Act by the end of the first half of the year, building upon a series of forums on prosecutorial reform.

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The investigative agencies, upon receiving requests for supplementary investigations, may not accurately grasp the prosecutor's intent and may mishandle or ignore the case in various ways, causing problems in performing their duties.

Experts participating in the forum largely supported the idea of restructuring the supplementary investigation system, with a focus on the 'request' rights. Professor Yoo Seung-ik of Myongji University highlighted issues where investigative bodies, upon receiving requests from prosecutors, might obscure or mishmiss the case, suggesting the need for clearer guidelines. Professor Choi Ho-jin of Dankook University advocated for a collaborative 'one-team' approach between prosecutors and investigative agencies in establishing rules for these requests.

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If we proceed with the current discussion of leaving only supplementary investigation request rights to prosecutors, problems will arise 100%, and those problems will be borne by the powerless.

However, not all experts are convinced. Lawyer Yang Hong-seok of Lee Gong Law Firm warned that proceeding with the abolition without careful consideration could lead to significant problems, particularly for vulnerable individuals, and could result in inadequate investigations. The Prime Minister's directive to proceed with discussions based on the premise of abolishing supplementary investigation rights is seen by some within the Democratic Party as a strategic move by Kim Boo-kyum, who is expected to run for party leadership, to differentiate himself in a potential leadership race.

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Supplementary investigation rights have consistently been subject to abolition in principle.