Supreme Court Administration Opposes Bill to Limit Prosecutors' Warrant Authority

South Korea's Supreme Court administration has voiced opposition to a legislative amendment that would alter the role of prosecutors in executing arrest and search warrants. The proposed change, put forth by the Democratic Party, seeks to reclassify prosecutors' "command" over warrant execution as a "request." The court administration argues this is a mischaracterization, asserting that the prosecutor's role in warrant execution is a judicial function related to the enforcement of court orders, not an investigative one. Maintaining the current legal framework, they contend, is legally appropriate. The administration further noted that the current law allows for appeals against arrest warrant issuance, a right that could be diminished if the prosecutor's role is reduced to a mere "request." They emphasized that the proposed amendment does not alter the prosecutor's existing authority to direct the execution of judgments, as outlined in Article 460 of the current law. The Supreme Court administration urged further review of the proposed changes, particularly concerning the potential reduction of defendants' avenues for appeal. This legislative push by the Democratic Party aims to curb prosecutorial powers, with similar proposals also seeking to abolish the prosecutor's investigative authority and limit direct warrant applications. The National Assembly's Legislation and Judiciary Committee is currently deliberating these proposed amendments.

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The command that prosecutors exercise over the execution of arrest warrants issued by the court is not investigative command, but command over the execution of judgments by the trial court. Therefore, it is legally appropriate to maintain the current provisions of the law.