South Korea's prosecutorial reform faces confusion, risks backlash

South Korea is on the cusp of launching a new agency for investigating serious crimes, but the transition is fraught with confusion and growing criticism. The move, intended to reform the prosecution's investigative powers, has sparked concerns that the "descent formula of aspiration", where initial reformist zeal gives way to disappointment and backlash, is at play.

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The descent formula of aspiration is it really inevitable?

Despite 30 years of discussion around prosecutorial reform, the current changes, particularly to the criminal procedure law, have led to widespread unease. A recent poll indicated that 56% of respondents believe the new laws will cause more harm than good, citing potential issues like poor investigations and delayed case processing. Police officers are reportedly asking their former contacts in the prosecution service, "What's going to happen?" receiving only sighs in response.

To manage the anticipated workload, plans include reassigning 881 police officers to investigative roles, while reducing police riot units. This shift raises questions about preparedness for emergencies like disasters. Simultaneously, the police force faces internal turmoil, with several officers implicated in misconduct, leading to internal control measures and protests, including weekly head-shaving demonstrations by frontline officers.

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There are over 140,000 cases pending with the prosecution alone, and I don't know how we can handle this.

The article highlights the immense task of preparing for the new agency's operations, which must be ready in less than 50 days. This includes managing case transfers, inter-agency collaboration, checks and balances during investigations, prosecution, and victim protection. While a competent operational unit might overcome these transitional challenges, a deeper concern is the "descent formula of aspiration." The author warns that if failures in a system designed for reform lead to disappointment, it creates fertile ground for reversing progress, especially when "reform" itself becomes the sole focus, rather than achieving a better society.

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The riot units also manage disasters, so what happens if something happens?

Drawing on political theorist Isaiah Berlin, the piece suggests that liberals can gain broader support and achieve steady progress by understanding that time is on their side and their opponents are not always wrong. It concludes by posing the need for deliberation, listening, and confidence in progress to avoid the cyclical pattern of reform and backlash, a challenge that seems both feasible and daunting.

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Passionate idealists forget they need to make an omelet and keep breaking eggs.