Choo Mi-ae: "No Country Has a Prosecution Like Ours... Investigation and Prosecution Must Be Separated"

Former Minister of Justice Choo Mi-ae

[Asia Economy Reporter Seongpil Cho] Former Minister of Justice Choo Mi-ae said on the 24th, "The National Assembly must promptly pass a law separating investigation and prosecution." Former Minister Choo stated, "No country allows the prosecution to hold both investigative and prosecutorial powers, let alone monopolize the authority to request warrants."

Former Minister Choo said, "It has already been 67 years since Commissioner Eom Sang-seop of the Code Compilation Committee emphasized at the time of the enactment of the Criminal Procedure Act in 1954 that the direction should be to separate investigative and prosecutorial powers 'in the near future'." She added, "If we now say we need to 'adjust the speed,' it means the 67 years of wasted time are not enough. I cannot understand what more needs to be discussed when people say sufficient discussion is still necessary."

Former Minister Choo mentioned Japan and Germany, which belong to the continental law system like Korea, saying, "There is no country like ours that assigns investigators to every prosecutor's office." She said, "Even Japan, which transplanted continental law to us, pursues justice separately with criminal matters handled by investigators and prosecutors acting as legal experts for prosecution."

Former Minister Choo stated, "By establishing the 'Serious Crime Investigation Agency,' removing investigators assigned to prosecutors' offices will make the separation of investigation and prosecution immediately feasible." She continued, "From 2022, the statements prepared by prosecutors have become no different from police statements, so there is no need for prosecutors to conduct investigations directly. Therefore, passing a law to separate and establish the Investigation Agency is now required."

Former Minister Choo emphasized, "The reason it is hard to change easily is simply because people have become accustomed over a long time," adding, "That is why reform is necessary. We must not hesitate to carry out the reform demanded by the candlelight sovereigns."