[Law & Story] Supplementary Investigative Authority: President Lee Jaemyung vs. Leader Jeong Cheongrae

Lee: "Exclude Emotion, Review Prosecutorial Reform Thoroughly"
Jeong: "Abolition of Prosecutors' Office Announced as a Chuseok Gift"
Refusing Requests for Supplementary Investigation Is Nonsensical

Seokjin Choi Law & Business Specialist

"When it comes to all policy issues, including the matter of prosecution reform, I believe we must set aside emotions as much as possible, suppress our own positions, and make decisions that are neutral, forward-looking, and cool-headed. This is especially true when it comes to fundamental social systems, not just temporary policies."

"The investigation and indictment processes will be separated. The Serious Crimes Investigation Agency will be placed under the Ministry of the Interior and Safety. Since these political decisions have been made, working out the details will require very thorough review, debate, and mechanisms. Let us completely set aside emotion and examine the matter logically, meticulously, and professionally. The government should take the lead. In this process, we should listen to the opinions of the opposition, the ruling party, victims, and prosecutors, and resolve all issues through debate."

This was President Lee Jaemyung's response on September 11, at a press conference marking his 100th day in office, to a question regarding the supplementary investigative authority.

After the government finalized its organizational restructuring plan to abolish the Prosecution Service and establish the Serious Crimes Investigation Agency and the Prosecution Agency under the Ministry of the Interior and Safety and the Ministry of Justice, respectively, President Lee clarified his firm stance on the supplementary investigative authority, which has emerged as the final sticking point in prosecution reform legislation.

His remarks stand in stark contrast to those of Jeong Cheongrae, leader of the Democratic Party, who is pushing for a bill that would eliminate not only the supplementary investigative authority of prosecutors at the Prosecution Agency but also their right to request supplementary investigations. In particular, President Lee's admonition to "set aside emotion and personal positions when making decisions on matters of great national importance" is seen as a warning to Jeong, who has been preoccupied with promoting his own achievements and courting hardline supporters by referring to "Chuseok gifts."

President Lee is a legal expert, having passed the bar exam and obtained a license to practice law. Given that he has described himself as "the greatest victim of prosecution investigations," his remarks make it clear that the supplementary investigative authority is not a dispensable mechanism. It is no coincidence that even within the Democratic Party, some lawmakers with legal backgrounds and bar qualifications have voiced concerns about abolishing the supplementary investigative authority.

Jeong Cheongrae, who became party leader with the votes of hardline party members after expelling opposition lawmakers from the National Assembly Legislation and Judiciary Committee and brandishing legal codes in protest, is an engineering graduate (industrial engineering) and not a legal expert.

First, regarding the right to request supplementary investigations, it is nonsensical to even debate whether prosecutors at the Prosecution Agency-who must decide whether to request a warrant or proceed with an indictment-should have this authority. This is not a matter of choice; it is a power that must be recognized to uncover the substantive truth.

For example, if a case is referred by the police or the Serious Crimes Investigation Agency with a recommendation for indictment, but the prosecutor determines that the investigation is insufficient and additional evidence is needed, what are they supposed to do if they cannot even request supplementary investigation? They would be forced to make a binary choice-indict or not-based solely on the documents. To avoid being held responsible for a not-guilty verdict, prosecutors would have no choice but to opt not to indict.

Statistics on cases that have been endlessly delayed between the prosecution and police since the adjustment of investigative powers demonstrate that the right to request supplementary investigations alone has its limitations. With prosecutors no longer having the authority to direct police investigations, their requests for supplementary action are merely recommendations that the police can ignore.

The supplementary investigative authority is essential both for crime victims who have suffered due to inadequate investigations and for suspects who have been falsely accused.

Last year, there were over 10,000 cases in which prosecutors, through direct supplementary investigations, determined there was "no charge" after cases were referred by the police. There were also more than 1,000 cases in which prosecutors either conducted supplementary investigations themselves or requested them after the police had decided not to refer the case, resulting in indictments. The additional attempted murder charges against Lee Eunhae and Cho Hyunsu, suspects in the "Gapyeong Valley Murder" case-which the police had initially closed as a simple death investigation-were also uncovered through supplementary investigations by prosecutors.

It remains to be seen whether Jeong Cheongrae will heed the tacit warning from President Lee, who has just passed his first 100 days in office.