Prosecutors: "Separating Investigation and Prosecution Makes Responding to Serious Crimes Difficult"

[Asia Economy Reporter Baek Kyunghwan] Prosecutor General Yoon Seok-yeol has launched a public opinion battle by making candid remarks against the ruling party's push for the establishment of the Serious Crime Investigation Office (Jungsucheong). The Supreme Prosecutors' Office also stated, "We are considering issuing an additional statement once the opinions of frontline prosecutors' offices on the establishment of Jungsucheong are collected," adding, "Prosecutor General Yoon clearly expressed concerns and opposition."

On the 2nd, Prosecutor General Yoon expressed his opposition to the ruling party's plan for the establishment of Jungsucheong and the 'separation of investigation and prosecution' in an interview with Kukmin Ilbo. He criticized the ruling party's legislative push for the establishment of Jungsucheong as "a de facto 'dismantling of the prosecution,' the obliteration of the rule of law, and the destruction of the spirit of the Constitution."

In particular, he pointed out, "If investigation and prosecution are separated, it will be impossible to firmly respond to the unfair acts of socially powerful and vested interests," and added, "The realization of justice through law enforcement ultimately involves filing a lawsuit and obtaining a judicial verdict, and investigation, prosecution, and maintenance of the public prosecution cannot be separated."

On the same day, the prosecution provided additional explanations regarding Prosecutor General Yoon's interview. A prosecution official explained, "Serious crimes are too complex, specialized, and involve many large-scale cases. If investigation and prosecution are separated, it will be difficult to properly maintain the prosecution during trials," adding, "If the investigators, prosecutors, and those maintaining the prosecution are all separate, it becomes difficult to grasp the case and respond efficiently to defense arguments in court." He noted that the global trend is for investigation and prosecution to be integrated to respond to increasingly sophisticated, organized, and large-scale crimes.

They also forecast that if important cases are not directly investigated, prosecution will be difficult and acquittals will increase in trials. The official added, "Investigation is not an end in itself but a preparatory activity for trials, so it is inherently difficult to separate investigation and prosecution," and "For serious crimes that shake the foundation of the community, such as vested interest power crimes, power-related corruption, or large-scale financial and economic cases, it is practically impossible to secure a guilty verdict in court unless prosecutors directly investigate, prosecute, and maintain the prosecution through the final trial."

Regarding one of the key justifications from some ruling party members pushing the Jungsucheong legislation?that the separation of investigation and prosecution is a trend in advanced judicial systems?he drew a clear line, calling it a "distortion of facts." He argued, "There is no legislative precedent for this in advanced judicial countries," and emphasized, "When the ruling party claims this, it either does not accurately understand the facts or distorts them. In advanced judicial systems, there is no country that denies prosecutorial investigative authority for serious crimes."

On the legislative movement for Jungsucheong based on the complete abolition of the prosecution's direct investigative authority over serious crimes, he pointed out, "If anyone who commits a crime is to be punished equally before the law, weakening investigative power and reducing the state's crime response capability will lead to the regression of democracy."

Meanwhile, Minister of Justice Park Beom-gye, upon entering the Ministry of Justice Gwacheon building on the same day, told reporters, "I am well aware of and understand the concerns of the prosecution members. I think it is necessary to listen to the diverse opinions of the prosecution members." Regarding Prosecutor General Yoon's public criticism of the establishment of Jungsucheong through the interview, he said, "I am always open and willing to meet."