[Exclusive] Yoon Seok-yeol Government Pushes to End Anti-Inspection Reform Within This Year

[Image source=Yonhap News]

[Asia Economy Reporter Ki-min Lee] The Yoon Seok-yeol administration is reportedly planning to effectively neutralize the "Prosecutorial Investigation Complete Abolition Act" (amendments to the Criminal Procedure Act and the Prosecutors' Office Act) passed by the Democratic Party of Korea, aiming to finalize the plan within this year. The intention is to establish a joint investigation system between prosecutors and police and strengthen prosecutorial supplementary investigations to protect the national investigative capabilities that could otherwise weaken.

According to the Presidential Office and political circles on the 12th, the government plans to implement not only existing pledges such as abolishing the Minister of Justice's direct investigation authority, independent budgeting for the prosecution, and repealing Article 24 of the Corruption Investigation Office Act, but also the revival of prosecutorial supplementary investigations within this year.

Specifically, regarding the responsibility for investigations between prosecutors and police, the plan is to have the police take charge of the police investigation phase and the prosecution take charge of the prosecutorial investigation phase, while simultaneously strengthening cooperation between the two. Initially, during the police investigation phase, the police will autonomously take responsibility and conduct investigations, and after transferring the case, during the prosecutorial phase, instead of requesting supplementary investigations, the prosecution will directly conduct supplementary investigations. This simplification of procedures aims to promptly and comprehensively clarify the facts and details of cases, thereby facilitating swift and integrated victim relief.

Furthermore, if, after a police reinvestigation requested by the prosecution, there is still suspicion of criminal charges, prosecutors will be able to directly reinvestigate upon receiving the case. To this end, the government plans to enact and amend relevant laws, including regulations on mutual cooperation between prosecutors and judicial police officers and general investigative guidelines.

Additionally, under the Ministry of Justice's leadership, a consultative body involving academia, bar associations, and investigative agencies such as prosecutors and police will be formed to consolidate investigative capabilities. This is in response to the widespread delays and poor investigations caused by refusals to accept complaints and accusations, and the ping-ponging of cases between investigative agencies following the implementation of the amended criminal laws. These issues have resulted in ordinary citizens, including the underprivileged, suffering unjust harm without receiving prompt relief.

The amended criminal laws the government considers problematic appear to be the Criminal Procedure Act and Prosecutors' Office Act amendments related to the adjustment of investigative authority between prosecutors and police, which passed the National Assembly in January 2020 and have been in effect since January last year. The main points of these amendments include abolishing prosecutorial supervision before police transfer of cases, granting police the authority to conclude first investigations, and limiting prosecutorial investigation scope to six major crimes defined by presidential decree.

However, if the Yoon Seok-yeol administration's plan is realized, the "Prosecutorial Investigation Complete Abolition Act," which the Democratic Party created based on the principle of police investigation and prosecutorial prosecution and passed on the 3rd of this month, is expected to be neutralized. Article 192, Paragraph 2 of the Criminal Procedure Act, which allows the prosecution to conduct supplementary investigations within the scope that does not compromise the identity of cases transferred from the police, is also likely to become ineffective. This is because enabling the prosecution to assist during the police investigation phase eliminates the stigma of separate investigations and allows comprehensive investigations of suspicions from the outset without supplementary investigations.

If immediate legislative amendments are difficult, the government plans to prepare countermeasures through presidential decrees or similar means. Furthermore, from 2023 to 2027, the government intends to accelerate the submission of amendments to the Criminal Procedure Act and the reform of criminal legislation to prevent gaps in crime response.