Minister of Justice Park Beom-gye: "The Prosecution Reform Bill is a Matter of Policy Decision"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Park Beom-gye, Minister of Justice, expressed a reserved stance on the 'Complete Removal of Prosecutorial Investigation Rights (Geomsu Wanbak)' bill, stating that it is "a matter of legislative policy decision that also considers the foreseeable gaps in the criminal justice system."

According to the legal community on the 19th, Minister Park stated this in the 'Ministry of Justice's Position on the Amendment to the Prosecutors' Office Act and the Criminal Procedure Act' submitted to the National Assembly.

As a current member of the National Assembly affiliated with the Democratic Party of Korea, Minister Park had previously been listed as a supporting lawmaker for the Geomsu Wanbak bill proposed by the Democratic Party. He had also expressed an opinion regarding the prosecutors' opposition to the Geomsu Wanbak legislation, emphasizing that "reflection should come before opposition."

Furthermore, Minister Park emphasized, "The essence of the issue is the fairness of investigations," adding, "Not only voices opposing the separation of investigation and prosecution but also opinions from young prosecutors on how fairness can be ensured should be presented."

On the other hand, the Prosecutor's Office under the Ministry of Justice pointed out in the 'Review Opinions on the Amendment to the Prosecutors' Office Act and the Criminal Procedure Act' submitted to the National Assembly the previous day that the Geomsu Wanbak bill "(may) violate the Constitution."

The Prosecutor's Office criticized the amendment, which prohibits investigative prosecutors from directly requesting warrants, as potentially violating the warrant request rights stipulated in Articles 12 and 16 of the Constitution.

They also raised concerns that if the amendment, which limits prosecutorial investigations to extremely exceptional cases, passes, it could conflict with other laws that recognize the general investigative authority of prosecutors, thereby undermining the coherence of the legal system.