[Asia Economy Reporter Baek Kyunghwan] From now on, during the prosecution investigation process, summons for witness interviews will only be possible when the detainee wishes to appear. The intention to appear will also be changed to a method where the detainee selects the investigation method on the summons or directly submits their opinion in writing to the prosecutor's office.
On the 20th, the Ministry of Justice's 'Human Rights Investigation System Improvement TF' and the Supreme Prosecutors' Office's 'Human Rights-Centered Investigation TF' announced that they have prepared the 'Investigation Practice Improvement Plan for Human Rights Protection' containing these details.
The Ministry of Justice TF, launched in June, checked the problems of existing prosecution investigation practices together with the Supreme Prosecutors' Office's 'Human Rights-Centered Investigation TF' after its launch. They focused especially on identifying and improving problematic practices that tend to lead to unnecessary repeated summons of case-related persons and separate investigations, resulting in unfair persuasion and pressure.
First, the TF requires that when the prosecution investigates the same case-related person five or more times (three or more times for witnesses) or investigates detainees for tip-off hearings or separate investigations, prior reporting to the department head must be made. Cases where the same case-related person is investigated ten or more times (five or more times for witnesses) will be regularly inspected by a human rights supervisor, who will report the results.
Witness summons will only be possible when the detainee wishes to appear; otherwise, visitation interviews or video interviews will be utilized. The intention to appear can be expressed by the detainee selecting the investigation method on the summons or directly submitting their opinion in writing to the prosecutor's office.
If a witness finds it difficult to appear at the prosecution office, video interviews and on-site investigations will be actively used. Simplified investigation methods such as phone recordings and emails will also be used for witnesses with a low possibility of statement reversal or those who find it difficult to appear due to long-distance residence or childcare.
In particular, it will be fundamentally prohibited to convert a witness who appeared on the same day into a suspect for interrogation or arrest. When summoning case-related persons, it is mandatory to prepare interview/investigation reports and confirmation documents of the interview/investigation process and include them in the investigation records.
Repetitive and indiscriminate search and seizure practices will also be improved. When searching public institutions, forced search methods will be minimized, and if forced search is unnecessary, only a 'seizure' warrant can be separately requested.
Re-requesting a search warrant for the same residence is prohibited unless there are exceptional reasons such as discovering new criminal facts. When conducting a search of the same place again, approval must be obtained from the chief prosecutor, not the deputy or assistant chief, and the opinion of the human rights supervisor must be heard.
Additionally, to allow the parties or their lawyers to sufficiently verify the warrant contents, a 'Search and Seizure Guide' will be provided in advance just before the warrant execution, and unless the party refuses, the 'start of execution' and 'end of execution' processes must be video recorded.
Meanwhile, this investigation practice improvement plan reflects the results of a survey conducted by the 'Human Rights Investigation System Improvement TF' on 693 detainees nationwide who have been admitted to correctional institutions in the past five years and have a record of being summoned to the prosecution office 20 times or more.
Going forward, the Ministry of Justice and Supreme Prosecutors' Office TF plan to discuss ▲prevention of investigation situation leaks such as disclosure of suspect facts ▲restriction of separate search and seizure ▲careful initiation of preliminary investigations and investigations ▲detention system harmonized with human rights ▲search and seizure of electronic information within necessary and minimal scope.
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