Choo Mi-ae: "Separation of Investigation and Prosecution Rights within the Prosecutor's Office... Pilot Trials Needed at the Provincial Office Level"

Necessary Procedures for Proper Legislation
Japan Also Shows Differences in Investigation and Prosecution Decisions
Prosecutorial Reform to Prevent Prosecutor's Arbitrary Decisions and Errors

Minister of Justice Choo Mi-ae is delivering opening remarks at a press conference held on the 11th at the Gyeonggi Government Gwacheon Complex. / Gwacheon - Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Seongpil Cho] Justice Minister Choo Mi-ae stated, "We will consider institutional improvements within the prosecution to separate the entities responsible for investigation and prosecution decisions," adding, "Even before amending the law, I believe pilot programs can be attempted at the provincial prosecution office level."

On the afternoon of the 11th, Minister Choo held a press briefing at the Government Complex Gwacheon and said, "Even when the prosecution directly investigates and prosecutes major cases, there is a risk of losing neutrality and objectivity, so internal control mechanisms to ensure rationality are necessary." She further explained, "Before establishing the separation of prosecution and investigation rights as a system, we need to consider what should be reflected in the law," and added, "To properly create the legislation, it is necessary to conduct pilot programs."

Prosecutor General Jo Nam-gwan, who attended alongside Minister Choo, said, "By differentiating the entities responsible for investigation and prosecution decisions within the prosecution, we aim to prevent prosecutors' arbitrariness or errors and guarantee procedural justice for defendants through prosecutorial reform." Prosecutor Jo explained, "Japan has a similar system," and added, "In large-scale special department cases currently underway, the chief reviewing prosecutor from the trial department reviews investigations and submits advisory opinions." He also noted, "This precedent was likely established because errors occurred when the same person was responsible for both investigation and prosecution in Japan."

Prosecutor Jo stated, "In South Korea as well, solutions must be found to various problems arising during direct investigations to gain public trust and reveal substantive truth," adding, "This is also a reform task." Minister Choo supported Prosecutor Jo's explanation, saying, "Compared to Japan, South Korea's conviction rate after prosecution is considerably high." She continued, "Japan not only separates investigation and prosecution after internal control mechanisms but also applies democratic controls at the prosecution stage, resulting in a significantly low acquittal rate after prosecution," and said, "I believe that prosecutors maintaining public prosecution can ultimately reduce their workload."

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