Prosecutors and Police Both Oppose... Will the Original Plan for Investigation Authority Adjustment Be Enforced?

Legislative Notice Period Ends Today
Police "Requested Amendments from Ministry of Justice, No Contact"... Cheong Meeting Last Chance
People's Solidarity Also "Includes Toxic Clauses"
Prosecutors Submit Opinion on Investigation Guidelines Issues

[Asia Economy Reporters Seokjin Choi and Gwanju Lee] The public notice period for the detailed contents of the prosecution and police investigation authority adjustment ends today (16th). Both the prosecution and the police hold opposing views on this, so the controversy continues. During the public notice period, the prosecution, police, academia, civic groups, and public officials' unions submitted revision opinions to the Ministry of Justice, but it is highly likely that these will not be reflected at present.

A National Police Agency official said in a phone call on the day, "There has been no contact from the Ministry of Justice after expressing opinions," adding, "It seems they intend to push forward with the original plan as is." The police strongly oppose the Ministry of Justice unilaterally overseeing the Enforcement Decree of the Criminal Procedure Act titled 'Regulations on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Rules,' which applies to both prosecutors and police officers. They also take issue with the Enforcement Decree of the Prosecutors' Office Act, specifically the 'Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation,' which allows prosecutors to investigate drug and cyber crimes, and the provision that permits prosecutors to directly investigate all cases once they obtain a search and seizure warrant.

Along with the Police Commission, seven police-related academic societies including the Korean Police Law Society, and the Korean Government Employees' Union Confederation have submitted such opinions to the Ministry of Justice, and demands for last-minute revisions to the enforcement decree are intensifying during the public notice period. The People's Solidarity for Participatory Democracy (PSPD) stated in a commentary yesterday, "There are toxic clauses that mostly preserve the prosecution's existing powers or could allow them to be expanded again in the future," and demanded, "The Ministry of Justice should conduct public opinion gathering and discussion processes even after the public notice period." After the public notice period ends, the enforcement decree amendment will be promulgated following deliberation by the Vice-Ministerial Meeting and the Cabinet Meeting, and presidential approval. While expressing frustration, the police see the 'Power Institution Reform Meeting' hosted by the Blue House scheduled for this month as the last opportunity.

Within the prosecution, the dominant view is that the police's collective opposition is a form of organized action to secure more authority, essentially 'opposition for the sake of opposition.' The issue of 'Ministry of Justice unilateral oversight' is considered natural since the enforcement decree specifies details of the higher laws?the Criminal Procedure Act and the Prosecutors' Office Act?which are under the jurisdiction of the Ministry of Justice. Furthermore, the prosecution has also submitted opinions to the Ministry of Justice stating that some parts of the enforcement decree must be revised. Representative issues include ▲the reduction of the prosecutor's investigation scope compared to the higher laws ▲the inclusion of a police 'investigation suspension' clause in the general rules, which was not present in the higher laws ▲and limiting the number of prosecutor's re-investigation requests to one. Yesterday, the Korean Criminal Procedure Law Society, composed of criminal procedure experts, also submitted an opinion letter to the Ministry of Justice highlighting problems with the current 'Investigation Rules.' The society pointed out that provisions such as requests for supplementary investigation, re-investigation requests, and investigation suspension may violate higher laws or infringe on the rights of crime victims and defendants.