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๐Ÿ‡ฐ๐Ÿ‡ท South Korea /Crime & Justice

South Korean women's groups fear 'regressive change' for victims with prosecutor investigation rights reform

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

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  • Six women's rights groups expressed concern over proposed amendments to the Criminal Procedure Act, particularly the abolition of the prosecutor's supplementary investigation rights.
  • They argue this change could reduce the discovery of substantive truth and negatively impact victims' rights in sexual violence cases.
  • The groups called for ensuring victims' rights are realized and that investigations are prompt and accurate, emphasizing the need for checks and balances between institutions.

Six prominent women's rights organizations in South Korea have voiced strong concerns regarding proposed amendments to the Criminal Procedure Act, specifically targeting the abolition of prosecutors' supplementary investigation rights. The groups argue that this move could significantly hinder the discovery of substantive truth in criminal cases and potentially lead to a "regressive change" for victims.

We question whether victims' rights can be properly realized if the law changes according to the currently discussed 'prosecutor reform'.

โ€” Representatives from six women's groupsExpressing concern over the proposed Criminal Procedure Act amendments.

During a press conference at the National Assembly, representatives from organizations including the Korea Sexual Violence Relief Center and the Korean Women's Hotline highlighted their doubts about whether victims' rights would be adequately protected under the proposed legal changes. They pointed to the current low prosecution rate for sexual violence cases and the frequent dismissal of domestic violence reports, emphasizing the need for specialized and thorough investigations.

Women victims of violence hope for specialized investigations without worrying about misconceptions when they report abuse.

โ€” Choi Sun-hye, Secretary-General, Korean Women's HotlineHighlighting the need for sensitive and expert handling of cases.

"Women victims of violence hope for specialized investigations without worrying about misconceptions when they report abuse," stated Choi Sun-hye, secretary-general of the Korean Women's Hotline. She stressed the importance of preventing unnecessary delays in investigations and ensuring perpetrators are appropriately punished, adding that "mutual supplementation and checks between different institutions are essential."

We express deep concern about the irresponsible behavior of treating the amendment of the Criminal Procedure Act as a political dispute without serious consideration of the fundamental principles and objectives of the criminal justice system.

โ€” Jeon Da-woon, Lawyer, Minbyun Lawyers for a Democratic SocietyCriticizing the political handling of legal reform.

Lawyers from the groups also raised concerns about potential abuses of power by the police if prosecutors' investigative authority is curtailed. They called for serious consideration of the fundamental principles and objectives of the criminal justice system, rather than treating the procedural law amendments as a political bargaining chip. The necessity of prosecutors' investigative guidance, supplementary investigation rights, and the "all-case referral" system to control police investigations was emphasized, alongside guaranteeing victims' access to case files and their right to participate in trials. For cases involving violence against women, the "all-case referral" system was deemed particularly crucial to ensure swift and accurate initial investigations.

Victims should not have to go through the process of filing an appeal; the case should be referred in its entirety. Securing personnel and budget is also essential for the first investigative agency to investigate criminal offenses promptly and accurately.

โ€” Kim Hye-jeong, Director, Korea Sexual Violence Relief CenterAdvocating for the 'all-case referral' system and resource allocation.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.