Enforcement Decree of 'Prosecutor-Police Investigation Authority Adjustment' Passed Amid Controversy

[Asia Economy Reporter Baek Kyunghwan] The enforcement decree for the adjustment of investigative authority between the prosecution and police has passed the Cabinet meeting. It has been eight months since the adjustment bill passed the National Assembly plenary session in January, and after the legislative notice ended on the 16th of this month, the review by the Ministry of Government Legislation and the vice-ministerial meeting proceeded smoothly.

According to the Ministry of Justice on the 29th, the amended enforcement decrees of the Criminal Procedure Act and the Prosecutors' Office Act were passed at the Cabinet meeting that morning.

This enforcement decree, which limits the prosecution's direct investigation scope to six major crimes (corruption, economy, public officials, elections, defense projects, and large-scale disasters), has been criticized by both the prosecution and the police.

The police pointed out that the enforcement decree of the Criminal Procedure Act is solely overseen by the Ministry of Justice, that prosecutors can initiate investigations into drug and cyber crimes through exception clauses, and that investigations by prosecutors who have obtained search and seizure warrants are recognized, arguing that it "goes against the purpose of prosecution reform." More than 5,000 opinions were submitted to the Public Participation Legislation Center during the 40-day legislative notice period, mostly related to these criticisms. However, the prosecution also expressed dissatisfaction. Representative issues include the inclusion of the police's "investigation suspension" clause and limiting the number of prosecutors' requests for reinvestigation to one.

As criticism from the police, academia, and civil society continued, on the 25th, lawmakers from the Democratic Party held a closed meeting to review the enforcement decree's contents and coordinate the party's stance. It is known that this was also reported to the President.

Until just before the Cabinet meeting that day, the process of gathering and coordinating opinions among members of the ruling party's Legislation and Judiciary Committee and the Public Administration and Security Committee continued. On the 28th, it was confirmed that the possibility of bill amendments was discussed verbally and in writing, centered around the chairpersons of each standing committee.

With the investigative authority adjustment between the prosecution and police passing the Cabinet meeting, it will now be promulgated by being published in the official gazette after the President's approval. The enforcement is scheduled for January next year. However, some raise the possibility of amendments before the President's approval through a presidential decree. Legally, it is also possible to amend it after enforcement by reviewing the progress.

However, there is stronger opinion that it is impossible to revise a matter that passed almost unanimously through the legislative notice, Ministry of Government Legislation review, and vice-ministerial meeting. Creating a patchwork enforcement decree would cause considerable damage not only to the Blue House but also to Minister of Justice Choo Mi-ae, who has driven the adjustment of investigative authority between the prosecution and police. Moreover, it is pointed out that it is inappropriate for the ruling party to intervene again when only the President's approval remains.

A staff member of the Legislation and Judiciary Committee said, "Considering that even amid controversy, only systematic expressions were refined during the Ministry of Government Legislation review and vice-ministerial meeting without major amendments, it is unlikely that the ruling party, government, and Blue House will take on the political burden of revising the contents derived through their discussions after passing the Cabinet meeting."