[Exclusive] Supreme Court Speaks Out for First Time on 'Four Prosecutorial Reform Bills': "Sufficient Social Consensus Needed"

Ruling Party Aims to Pass Bills Before Chuseok
Includes Establishment of Public Prosecution Office and Serious Crimes Investigation Agency
Concerns Raised Over Separation of Investigative and Indictment Powers
"Prosecution's Investigative Know-how May Be Lost"
"Fundamental Changes to the Criminal Justice System"

The Supreme Court has emphasized the need for sufficient "social consensus" regarding the four prosecutorial reform bills being promoted by the Democratic Party of Korea. This is the first time the Supreme Court has issued an official position on the four prosecutorial reform bills.

On July 21, the Supreme Court's National Court Administration responded to a request from Representative Joo Jinwoo of the People Power Party, who asked for the court's opinion on the "four prosecutorial reform bills separating investigative and indictment powers" being pushed by the Democratic Party. The National Court Administration stated, "Since this concerns the division of duties within the executive branch, it is not appropriate for the judiciary to express support or opposition to these bills." However, it also stated, "As these bills fundamentally change the existing criminal justice system, there must be sufficient social consensus and practical review regarding the ripple effects of such institutional changes before proceeding."

The National Court Administration further assessed that "whether to establish a National Investigation Commission to coordinate and adjust necessary matters related to the adjustment of authority and organizational changes among investigative agencies, investigations by investigative agencies, related laws, and institutional improvements is a significant issue that forms the foundation of the criminal justice system." It added, "It is desirable for the legislative process to proceed cautiously, fully reflecting the diverse opinions on anticipated problems raised in public hearings and in the review reports by the chief expert of the Legislation and Judiciary Committee."

The so-called four prosecutorial reform bills, which are centered on separating investigative and indictment powers, are: ▲ the bill to abolish the Prosecutors' Office Act, ▲ the bill to establish and operate the Public Prosecution Office, ▲ the bill to establish and operate the National Investigation Commission (NICSU), and ▲ the bill to establish and operate the Serious Crimes Investigation Agency (SCIA). These bills include abolishing the Prosecutors' Office and establishing new institutions such as the Public Prosecution Office, SCIA, and NICSU. The bills also stipulate that indictment authority will be transferred to the Public Prosecution Office, serious crime investigations previously handled by the prosecution will be managed by the SCIA, and the NICSU will supervise investigative agencies such as the police, SCIA, and the Corruption Investigation Office for High-ranking Officials.

As prosecutorial reform efforts accelerate, mainly among the ruling bloc, concerns about the four prosecutorial reform bills are also growing. Previously, a chief expert of the Legislation and Judiciary Committee pointed out in a review report on the bills to abolish the Prosecutors' Office Act, establish the Public Prosecution Office, and establish the SCIA, that "separating the prosecution's investigative authority and granting it to other agencies may help ensure the fairness and objectivity of investigations and indictments, and enable the rational exercise of various authorities." However, the report also noted, "It is necessary to consider the possibility that the prosecution's long-accumulated investigative capabilities and know-how may not be fully utilized, potentially leading to difficulties in effectively responding to corruption and economic crimes."

In addition, the report stated that it is necessary to examine in advance whether a bill that completely separates prosecutors' investigative authority could undermine prosecutors' constitutional right to request warrants, thereby raising constitutional concerns; whether the separation of investigative authority can be achieved through legal amendments and is therefore constitutional; and whether changing the term "Prosecutor General," which is explicitly used in the Constitution, to "Chief of the Public Prosecution Office" by law could also pose constitutional issues. In the review report on the NICSU establishment bill, concerns were raised that "if four out of five members of the NICSU Commissioner Recommendation Committee are recommended by executive branch ministries, the president's influence on the composition of the committee could be significant," and it was suggested that further discussion is needed to ensure independence.

The Democratic Party has stated its intention to pass the "four prosecutorial reform bills" before Chuseok. On July 9, the National Assembly's Legislation and Judiciary Committee, led by the Democratic Party, held a public hearing on the "four prosecutorial reform bills," officially kicking off the legislative process. During the hearing, there was a sharp divide between those advocating for strong prosecutorial reform and those expressing concerns about potential side effects from a rushed process. Immediately after the hearing, the committee referred the four prosecutorial reform bills to the subcommittee for bill review.

Justice Minister Jeong Seongho has also expressed his intention to actively promote prosecutorial reform by separating investigative and indictment powers, but has maintained a cautious stance regarding the ruling bloc's rapid push for reform. At a National Assembly confirmation hearing on July 16, Minister Jeong stated, "We must not undermine the excellent investigative capabilities that have been accumulated by investigative agencies such as the prosecution and the police," and regarding the "four prosecutorial reform bills," he said, "I do not believe these bills should be passed as they are."