South Korea's justice system reforms: Hopes and concerns over prosecutorial powers

South Korea's criminal justice system is undergoing a sweeping overhaul, driven by the ruling Democratic Party's legislative agenda over the past year. Key reforms include the "Law on Judicial Distortion," the "Law on Increasing Supreme Court Justices," and the "Law on Trial Review," alongside the abolition of the Prosecutors' Office Act, leading to the proposed establishment of a Serious Crimes Investigation Agency and a Public Prosecution Office.

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The Law on Judicial Distortion is a bill created without sufficient discussion. The definition of judicial distortion is ambiguous, making it difficult to gauge, and it could lead to overly passive investigations and trials.

These changes aim to fundamentally reshape the relationship between the judiciary and the prosecution. The expansion of the Supreme Court's bench and the introduction of a trial review system, measures previously resisted by the judiciary, have been pushed through by the Democratic Party's majority. The reform of prosecutorial powers, long criticized for potential abuses, is nearing completion, though the contentious issue of granting supplementary investigation rights to the Public Prosecution Office remains a significant hurdle.

While proponents argue these reforms will enhance judicial diversity and improve the protection of citizens' fundamental rights, critics express concerns about the rushed legislative process and the potential for negative side effects. Some legal professionals believe the "Law on Judicial Distortion," in particular, lacks clear definition and could lead to overly cautious or passive legal proceedings. The swift passage of these laws, partly influenced by political tensions surrounding a past presidential election case, has led to accusations that sufficient societal consensus was not achieved.

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Supplementary investigation is not appropriate, but there are exceptional cases where it is necessary.

The debate over supplementary investigation rights for the Public Prosecution Office is expected to intensify following the local elections. President Lee Jae-myung has acknowledged the need for such rights in exceptional circumstances, while the Democratic Party insists on a complete separation of investigative and prosecutorial powers. Conversely, legal circles argue that without these supplementary rights, the police and the proposed Serious Crimes Investigation Agency could operate with insufficient oversight, potentially harming citizens. This ongoing discussion highlights the deep divisions and complex considerations surrounding the future structure of South Korea's criminal justice system.

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If the police and the Serious Crimes Investigation Agency are not checked through supplementary investigation rights, it will harm the public.