South Korean President Backs Party Line on Prosecutor Powers, Sparking Public Concern

South Korean President Lee Jae-myung has sided with his party's internal consensus over broader public sentiment by approving a significant amendment to the Criminal Procedure Act. The law strips prosecutors of their investigative powers, a move championed by the ruling Democratic Party as necessary to curb alleged abuses by the prosecution. However, a substantial portion of the public believes that retaining some prosecutorial investigative functions is crucial for protecting victims and ensuring thorough investigations.

The president's decision, made during a State Council meeting, signifies a prioritization of "party will" over "public will." This choice has drawn criticism, with commentators likening it to a difficult ethical dilemma where any decision leads to unavoidable harm. Unlike fictional scenarios, however, the article argues that choosing party loyalty over public opinion, especially when the latter is seen as more significant, is a disappointing outcome.

“

The law is not a program that can be released as a beta version.

Critics contend that the elimination of prosecutorial supplementary investigation rights, which previously helped compensate for potential shortcomings in police investigations, will lead to significant negative consequences. The Dong-A Ilbo cites a Ministry of Justice casebook detailing numerous instances where prosecutors uncovered crimes missed by the police or exonerated wrongly accused individuals. Without this supplementary role, victims may face longer delays, increased costs, and a greater risk of perpetrators escaping justice or innocent individuals being wrongly convicted.

The article further questions the long-term implications, suggesting that if the police, now holding sole investigative power, engage in misconduct like corruption or biased investigations, future reforms might necessitate stripping them of their powers as well. President Lee has pledged to monitor the system and make adjustments if necessary, but experts like Professor Park Chan-woon of Hanyang University have warned against such "hasty legislation," emphasizing that the public, not a beta version, is the subject of the law. The potential for increased chaos and victim dissatisfaction could ultimately direct public anger towards the president for pushing through an experiment without halting it, despite having the power to do so.

“

What is this reform for?