Passage of Investigation Authority Adjustment Bill in National Assembly... Major Reform of Criminal Justice System After 66 Years Predicted

Police Agency "Heavy Responsibility, Will Complete Police Reform"

The amendment to the Criminal Procedure Act, which adjusts the investigative authority between the police and prosecutors, is being passed during the plenary session of the National Assembly held on the afternoon of the 13th, while members of the Korean Party are walking out.
[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] With the passage of the bill adjusting investigative authority between the prosecution and police in the National Assembly plenary session, a major transformation in the criminal justice system is anticipated for the first time in 66 years since the enactment of the Criminal Procedure Act.

The bill adjusting investigative authority between the prosecution and police (amendment to the Criminal Procedure Act), passed by the National Assembly on the 13th, defines the relationship between the prosecution and police as a "cooperative relationship." Since the Criminal Procedure Act was enacted in 1954, the police have effectively acted as a subordinate agency to the prosecution. The prosecution, based on its authority to direct investigations, could effectively control police investigations, and the police conducted investigations under the direction of prosecutors. With the passage of this investigative authority adjustment bill, the prosecution and police in South Korea have become explicitly equal for the first time since the criminal justice system was established.

Through this adjustment of investigative authority, the police have obtained primary authority to conclude investigations. If the police determine "no charges," they can close the case. However, if a party involved in the case files an objection, the case is transferred to the prosecution, and the prosecution can review evidence and records for 90 days and request supplementary investigations, among other control measures. Also, while the prosecution's authority to direct investigations is abolished, the prosecution can request supplementary investigations from the police. If a police officer refuses the prosecution's supplementary investigation order without "justifiable reason," the prosecutor is authorized to request disciplinary action against the officer from the police. As the police's authority expands compared to before, sufficient control measures have been put in place.

The adjustment of investigative authority has long been a longstanding wish of the police. Although the issue was continuously discussed under past administrations, it did not lead to substantial action. However, with the Moon Jae-in administration, investigative authority adjustment was brought to the forefront as part of prosecution reform. During this process, conflicts between the prosecution and police repeatedly surfaced. Recently, tensions arose between the police and prosecution regarding the investigation of the "Lee Chun-jae serial murder case," and a standoff occurred over the seizure of a mobile phone related to the death of a prosecution investigator who had worked as a Blue House secretary.

With the investigative authority adjustment bill passing the National Assembly, a series of legislative reforms for prosecution reform have been completed. Now, the more important task is for the prosecution and police, which have had conflicts, to reconcile and move toward a truly cooperative relationship. Cooperation between the prosecution and police is essential to ascertain the substantive truth in serious crimes and large-scale disasters.

The National Police Agency issued a statement regarding the passage of the investigative authority adjustment, saying, "We respect the legislative decision of the National Assembly," and added, "We feel a heavy responsibility, knowing that this means the police must fulfill their role and mission as the primary investigative body within a democratic investigative structure where the principles of checks and balances operate."

The National Police Agency continued, "As the criminal justice agency that the public encounters first, we will establish a fair and neutral investigative system based on high-level expertise," and emphasized, "Through continuous police reform, we will become a police force trusted even more by the people."

This content was produced with the assistance of AI translation services.