Supreme Court: Abolishing Prosecutor's Investigation Rights Needs Safeguards

South Korea's Supreme Court has weighed in on the proposed abolition of prosecutors' supplementary investigation rights, stating that while the decision rests with the legislature, "sufficient complementary measures to prevent side effects are needed." This marks the first time the court's Judicial Administration Office has publicly commented on the contentious issue of prosecutors' investigative powers.

The Judicial Administration Office submitted its review to the National Assembly in response to recent legislative proposals. While advocating for safeguards against the potential downsides of removing these rights, the office expressed support for other aspects of the proposed amendments. Specifically, it endorsed provisions that would allow judges to grant "conditional release" when issuing arrest warrants.

The court believes this change could help correct the "misconception that arrest is equivalent to punishment" and shift the focus from the warrant stage to the more critical main trial. Furthermore, the office voiced approval for introducing a procedure for prior judicial review of search and seizure warrants, a move aimed at enhancing fairness and due process in criminal investigations.