South Korea's Prosecutor-Media-Ruling Party Cartel Remains Unyielding Amid Reform Efforts

Despite the enactment of the Criminal Procedure Act, which stripped prosecutors of their investigative authority, the powerful "prosecutor-media-ruling party" cartel continues its efforts to undermine the reforms. The article argues that this entrenched group, adept at manipulating public opinion through media and expert endorsements, is relentless in pursuing its organizational interests.

The prosecution is persistently advocating for the retention of investigative powers, even after losing its general investigative authority. For instance, they argue for the necessity of keeping scientific investigation units within the prosecution service to handle evidence collection and analysis, despite no longer having the power to investigate. This includes a push to maintain the "Crime Information Planning Division" (Beomjeong), previously used for political maneuvering as revealed in cases like the "Goval Sajoo" (tip-off) scandal and the judicial official inspection documents, now framed as essential for case prosecution.

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The prosecution is adept at deceiving the public by changing its packaging, a skill possessed by bureaucratic groups that master details. Among them, the prosecution is the most powerful cartel, capable of influencing public opinion through the media and experts.

This strategy is seen as a tactic to regain broader investigative scope. By leveraging concerns about police incompetence or evidence tampering, the prosecution aims to secure "supplementary investigation rights." If granted, this could effectively allow them to conduct full-scale investigations, including coercive measures like searches and arrests, thereby circumventing the principle of separating investigation and prosecution. This move threatens to dismantle the core of prosecutorial reform, raising questions about the purpose of the reforms if such powers are retained.

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The prosecution's resistance stems from the media and the People Power Party, which rationalize and amplify their claims. This 'prosecutor-media-ruling party' cartel has fully supported them, leading to repeated failures in prosecutorial reform over the past quarter-century.

The article contends that the prosecution's ability to resist reforms stems from the unwavering support of the media and the conservative People Power Party, which amplify their arguments and champion their cause. This "prosecutor-media-ruling party" alliance has historically thwarted prosecutorial reform efforts over the past quarter-century. The piece posits that the prosecution has become a political entity itself, acting as a core force against reform, a phenomenon rarely seen in other countries.

However, the recent Criminal Procedure Act amendment is expected to mitigate the "politicization of the prosecution." While prosecutors may still exert political influence through their warrant request and indictment powers, their ability to sway public opinion through media manipulation during investigations is expected to diminish. This is considered a significant step forward in preventing prosecutorial interference in democratic politics. The article concludes by urging those who support reform to avoid self-fulfilling prophecies of failure and to actively support the reform process, distinguishing themselves from the "prosecutor-media-ruling party" cartel.

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The politicization of the prosecution itself is rarely seen in countries worldwide. Paradoxically, through the prosecutorial reform process, the prosecution has become a political force and the core of the anti-reform camp.