[In-depth Look at Complete Prosecution Reform ②] "No Need to Go to Police Stations or Prosecutor's Offices... So What Exactly Is Changing?"

[Image source=Yonhap News]

"The harm that the public will face is very clear." "There will be little change in the lives of ordinary citizens."

The general public is confused by the conflicting evaluations of the so-called ‘Geomsu Wanbak’ bill, which will be implemented this September, by the prosecution and the police. Logically examined, both statements are correct. The prosecution's argument is that "our country will become a corrupt republic, and the damage will fall on the people." This is true. The police's argument is somewhat different. For ordinary citizens who rarely have to visit the prosecution office or police station in their lifetime, nothing will change. This is also not incorrect. In 2021, the total number of criminal cases received by the prosecution was 1,072,653, involving 1,362,813 individuals. Excluding traffic offenses, there were 832,426 cases (1,112,415 individuals). Complaints and accusations accounted for 200,563 cases, involving 357,600 people. This is about 30% of all cases. Based on a population of 51.62 million, 2.6% of the population was involved in criminal cases in one year. Among 100 people, 97 are so-called ‘law-abiding citizens’ who live without legal issues.

Last year, due to the adjustment of investigative authority between the prosecution and police, the police took over the authority to initiate and conclude investigations for all cases except the six major crimes from the prosecution. The police already investigate and close more than 99% of most cases. They argue that the crimes that will be transferred under the revised law are not closely related to the lives of the public.

However, there may be some changes regarding appeals against investigation results of reported cases. The revised law removes the complainant's right to appeal. Only the accuser or victim can appeal. There are concerns that those who find it difficult to file complaints themselves, such as children or disabled persons, will not be able to appeal, and that investigations into cases without specific victims may become inadequate. The police say there are ways around this. One can request a review by the investigative review committee at each city or provincial police station, or a lawyer or family member authorized by the victim as a legal representative can file an appeal. For cases where the victim is unclear, such as complaints filed by the Election Commission, there is a procedure to raise objections to the prosecution and proceed to the investigative review committee, and prosecutors can also exercise the right to request reinvestigation.

A police official said, "Most citizens live so far from crime that they rarely, if ever, need to visit a police station or even a police box in their lifetime," adding, "There are not many complaints to begin with, and most reports have clear victims, so from the perspective of ordinary citizens, the impact of this revised law is expected to be minimal."