Active Prosecutor: "Judicial Obstruction Should Be Included in Prosecutors' Direct Investigation Scope"

[Asia Economy Reporter Bae Kyunghwan] Voices have emerged within the prosecution calling for crimes that disrupt judicial order to be included within the scope of direct investigation by the prosecution. In addition to the six major crimes of corruption, economic offenses, public officials, elections, defense projects, and major disasters, acts that obstruct the investigation and trial process, such as evidence tampering, false accusation, and perjury, are targeted.

According to the legal community on the 21st, Kim Seoksoon (43, passed the first bar exam), a prosecutor in the Ulsan District Prosecutors' Office Trial and Litigation Department, stated through the prosecution's internal network E-Pros, "I question why crimes disrupting judicial order are excluded from the list of crimes subject to direct investigation."

Prosecutor Kim explained crimes disrupting judicial order as ▲obstruction during investigation such as evidence tampering, forgery, concealment of crime, escape, and false accusation ▲obstruction during trial such as contempt of court, perjury, and false expert interpretation ▲obstruction during enforcement such as evasion of compulsory execution and concealment of criminal proceeds.

He added, "Although legal provisions for the protection of human rights during investigation, trial, and execution processes are listed in the Criminal Act, they are currently not included among the crimes subject to direct investigation by prosecutors. While there is a question of whether these should be included as directly related crimes, I believe there is a difference between explicit statutory provisions and what can be recognized through interpretation."

He emphasized, "If the role of the prosecutor as the public prosecutor is to be emphasized according to the purpose of the amended law, then direct investigation initiation by prosecutors should rightfully be recognized for crimes that undermine judicial order."