South Korea poised to shift investigative power from prosecutors to police

South Korea is on the cusp of a significant shift in its criminal justice system as the National Assembly prepares to vote on a bill that will fundamentally alter the balance of power between prosecutors and the police. The proposed legislation, set to be debated in the plenary session, aims to abolish the prosecution's supplementary investigation rights, effectively transferring the primary investigative authority to the police. This move marks a departure from the prosecution-centric model that has been in place for approximately 70 years.

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If the prosecutor's effective inspection, supplementary, and correction functions for the investigation results of the primary investigative agency disappear, truth will be concealed and South Korea's criminal justice system will collapse.

The revised Criminal Procedure Act seeks to strengthen the police's investigative role while introducing mechanisms to ensure the prosecution can still effectively oversee investigations. Key provisions include shortening the timeframe for police to conduct supplementary investigations requested by prosecutors. Should the police fail to comply without valid reason, prosecutors will be empowered to designate other investigative agencies. Measures are also being put in place to protect victims of crime, including requiring the police to issue decision notices and provide information on how to file objections when they decide not to forward a case. Victims will also have the right to request interviews with prosecutors to present their views.

Supporters of the reform argue that it is a necessary step to normalize investigative practices and prevent the abuse of power that has characterized the prosecution's historical dominance. The ability of prosecutors to wield both investigative and prosecutorial powers has, at times, led to accusations of targeted investigations and the pursuit of political agendas. This reform aims to separate these functions, positioning the prosecution as a true 'advocate for public interest.'

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The political slogan of separating investigation and prosecution has repeatedly led to the disarming and collapse of the criminal prosecution system, which is a defense system for protecting the basic rights of citizens from crime, without any improvement in political neutrality.

However, the reform is not without its critics and concerns. The opposition party has signaled its intent to filibuster the bill, indicating a strong disagreement. Furthermore, there are worries that the shift in power could inadvertently create blind spots for vulnerable populations, such as women, the elderly, and individuals with disabilities, who may find it difficult to navigate the complexities of the legal system without adequate support. The government and ruling party have been urged to carefully consider these potential drawbacks and ensure that subsequent measures, such as revisions to enforcement decrees and an increase in investigative personnel, are implemented to mitigate any negative consequences and ensure a smooth transition.

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The prosecution's supplementary investigation rights are disappearing, not the inspection, supplementary, and correction functions.