[Asia Economy Reporter Kim Hyung-min] Amid heated internal debates within the prosecution regarding the separation of investigation and prosecution authorities, Kim Tae-hoon (49, Judicial Research and Training Institute class 30), Deputy Director of the Ministry of Justice’s Prosecution Division, has expressed an opinion countering the criticism of the separation plan.
According to the legal community on the 19th, Kim explained the reasons why the Ministry of Justice is promoting the separation of investigation and prosecution based on the history of the prosecution system and reflections on direct investigations in a post on the prosecution’s internal bulletin board 'Eprose' the previous night.
Kim stated, "The investigative authority granted to prosecutors is recognized as an inherent power for judicial control over investigations conducted by judicial police under supervision and command," adding, "I understand that the form in which prosecutors directly initiate investigations and directly interrogate suspects to collect evidence is not a common practice in other advanced countries."
Regarding the prosecution’s direct investigations, he pointed out, "While acting as the public prosecutor overseeing, directing, and supervising investigations, prosecutors also become direct participants in investigative activities, meaning the same person conducts the investigation and judicial control over the investigation," and "This places them in a position quite different from the inherent role of a public prosecutor who supervises and directs judicial police investigations."
He continued, "There has long been internal and external reflection on whether the role of the public prosecutor, introduced as part of the accusatorial procedure in modern criminal law to replace inquisitorial principles, has been properly exercised, given that in cases of direct investigation by prosecutors, the subject of investigation, its supervision and control, and the public prosecutor are all the same person."
Kim is the head of the prosecution reform division within the Ministry of Justice. His explanation came as a reply to a post by Lee Soo-young (31, class 44), a prosecutor at the Sangju branch of Daegu District Prosecutors’ Office, who wrote, "I don’t know if prosecution without investigation or investigation without considering prosecution is possible."
Kim acknowledged some internal opposition by saying, "If the model of separating the decision-makers for investigation and prosecution means that the investigating prosecutor has no role in prosecution decisions or cannot participate in subsequent trials, such as through case reassignment or complete separation, I would also find it difficult to agree."
He added, "I do not expect a clear-cut answer like a swift resolution at this meeting," and "Not only is this a difficult issue, but I believe there is shared recognition that it is impossible to simply adopt foreign systems as they are due to the unique characteristics of our criminal justice system, as seen through past legislative discussions in the National Assembly and government."
Meanwhile, on the same day, Minister of Justice Choo Mi-ae appeared on a broadcast in the morning to reaffirm her stance on reducing the prosecution’s direct investigations and the need to separate the investigation and prosecution authorities.
In an interview on TBS Radio’s 'Kim Eo-jun’s News Factory,' Minister Choo said, "Our country is unique in that prosecutors are heavily involved in direct investigations," and criticized, "Because they are so immersed in investigations, if they conduct an investigation, they feel compelled to prosecute it to save face. This often leads to a decline in objectivity and fairness."
She continued, "Currently, there is some organizational resistance. However, all reforms may have opponents," and "But from the perspective of the people, this reform direction is correct, and it is a challenge that must be considered and resolved."
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