[Exclusive] Prosecutors' Office Internally Plans to Deliver Joint Appeal Letter Directly to President and National Assembly Speaker

President Moon Jae-in. [Image source=Yonhap News]

[Asia Economy reporters Choi Seok-jin, legal affairs specialist, and Kim Dae-hyun] On the 15th, the Democratic Party of Korea proposed partial amendments to the Criminal Procedure Act and the Prosecutors' Office Act containing the content of 'Geomsu Wanbak (complete removal of prosecutorial investigative authority)'. Amid this, a movement has begun within the prosecution to submit a joint appeal letter to President Moon Jae-in, who holds the veto power over the bill, and National Assembly Speaker Park Byeong-seug.

On the 18th, Kwon Sang-dae, Director of Policy Planning at the Supreme Prosecutors' Office (age 46, Judicial Research and Training Institute class 32, Chief Prosecutor), posted a message titled "Request to draft an appeal letter to the President and the National Assembly Speaker" on the prosecution's internal network, E-Pros.

Director Kwon said, "Despite heartfelt appeals from prosecution members and sensible citizens, it seems the Democratic Party will not stop its legislative dominance," adding, "We plan to draft and deliver an appeal letter to the last gatekeepers, the President and the National Assembly Speaker."

He continued, "This may be a futile attempt that only burdens prosecution members, but I hope many prosecution members will participate without giving up until the end," urging participation.

Director Kwon added, "I have attached a sample form, but there is absolutely no need to be bound by this format," and "If the planning prosecutors or administrative chiefs of each office collect the appeal letters from their respective offices and send them to the Supreme Prosecutors' Office Policy Planning Division by this Wednesday, it would be appreciated."

He attached the following 'Appeal Letter to the President' and 'Appeal Letter to the National Assembly Speaker' to the post.

Honorable President,

The majority party with 172 seats has submitted a bill to abolish prosecutorial investigations with the signatures of all its members, and is on the verge of forcibly passing it in April. If there is a reason to prevent the prosecution from conducting all investigations, and if the public thinks so, we have no way to stop it.

However, why must cases that could be concluded with just a little more investigation by the prosecution be sent to the police for investigation, and if that investigation is insufficient, why must the prosecution return it to the police again, causing the public repeated hardship?

Why are the concerns of a sensible civil society ignored when abolishing a system that has been in place for 70 long years? Why is the prosecutorial system established by the Constitution being destroyed, and victims' rights being rolled back? What urgent reason justifies such actions?

Now, no one in the Republic of Korea except for you, the President, and the National Assembly Speaker can stop the legislative dominance of the absolute majority of 172 lawmakers. It is a very heavy burden, but please do not forget the heart you had on the first day you started politics with great aspirations, and as the last bastion of the Constitution and constitutional spirit of the Republic of Korea, I earnestly appeal to you to block the passage of unconstitutional and public inconvenience-increasing bills.

April 18, 2022

Prosecutor Kwon Sang-dae

Honorable National Assembly Speaker,

The majority party with 172 seats has submitted a bill to abolish prosecutorial investigations with the signatures of all its members, and is on the verge of forcibly passing it in April. If there is a reason to prevent the prosecution from conducting all investigations, and if the public thinks so, we have no way to stop it.

However, why must cases that could be concluded with just a little more investigation by the prosecution be sent to the police for investigation, and if that investigation is insufficient, why must the prosecution return it to the police again, causing the public repeated hardship?

Why are the concerns of a sensible civil society ignored when abolishing a system that has been in place for 70 long years? Why is the prosecutorial system established by the Constitution being destroyed, and victims' rights being rolled back? What urgent reason justifies such actions?

Now, no one in the Republic of Korea except for you, the National Assembly Speaker, and the President can stop the legislative dominance of the absolute majority of 172 lawmakers. It is a very heavy burden, but as a rational parliamentarian who has always emphasized bipartisan cooperation, I earnestly appeal to you, as the last bastion of the Constitution and constitutional spirit of the Republic of Korea, to block the passage of unconstitutional and public inconvenience-increasing bills.

April 18, 2022

Prosecutor Kwon Sang-dae

Meanwhile, Director Kwon, who oversees criminal justice system matters including investigative authority adjustments within the prosecution, also posted on the 8th, "I want to share the situation and awareness of the problems related to Geomsu Wanbak," criticizing the Democratic Party's push for 'Geomsu Wanbak' as "a bill that shakes the foundation of the criminal justice system."

At that time, Director Kwon said, "The core of the Geomsu Wanbak bill is the abolition of prosecutorial investigative authority and the establishment of a Serious Crime Investigation Agency. However, the complicated and costly establishment of the Serious Crime Investigation Agency is being deferred, and the argument to abolish prosecutorial investigative authority first is gaining strength," adding, "The abolition of prosecutorial investigative authority can be done by deleting provisions in the Criminal Procedure Act, centered on Article 196, which presupposes the prosecutor's investigative authority, and the Prosecutors' Office Act."

He continued, "I will not repeat in detail that this is a time to stabilize a new system that has only been in effect for one year, that it only increases public inconvenience, that it will weaken the response to serious crimes, or that there is a risk of police power abuse by holding both information and investigation in one hand."

He added, "It is very regrettable and I feel guilty as a practitioner that despite being a bill that would hollow out 70 years of prosecutorial history and system since the founding of the nation and shake the foundation of the criminal justice system, if the majority party decides, it can be passed within a month in this harsh reality, and we prosecution members have no choice but to plead again to lawmakers and appeal to unfavorable public opinion."

He also questioned, "I want to ask whether this bill and the deliberation process are truly permitted by our Constitution and National Assembly Act, whether it helps protect our families safely from crime, and whether it brings us closer to a society where common sense and conscience are respected."