Ministry of Justice "In-depth Review of Prosecutor General's Command Abolition Recommendation by the Prosecutorial Reform Committee"
[Asia Economy Reporter Song Seung-yoon] The Ministry of Justice announced that it will conduct an in-depth review of the recommendation by the Ministry of Justice and Prosecution Reform Committee to abolish the Prosecutor General's specific investigative command authority.
On the afternoon of the 28th, the Ministry of Justice stated in a press release, "Since this is a discussion about fundamental changes such as the diversification of the prosecution investigation command system, we plan to conduct an in-depth review by referring to the Reform Committee's recommendations and broadly collecting public opinions."
The Ministry of Justice's subordinate Ministry of Justice and Prosecution Reform Committee recommended the day before a reform plan for the investigative command system, which centers on dispersing the Prosecutor General's specific investigative command authority to the Chief Prosecutors.
The Ministry of Justice cited ▲the Constitution and Criminal Procedure Act that define prosecutors as the main actors in judicial procedures ▲the principle of separation of powers through checks and balances ▲examples of advanced criminal justice legislation, explaining "It is necessary to decentralize the authority concentrated in the Prosecutor General and reform so that the main actors in criminal justice are prosecutors, not the Prosecutor General."
Accordingly, the Ministry of Justice is expected to review amendments to related laws such as the Prosecutors' Office Act, which stipulates the Prosecutor General's investigative command authority. Article 12 of the Prosecutors' Office Act states that the Prosecutor General oversees prosecution affairs and commands and supervises the officials of the Prosecutors' Office.
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The committee also recommended the day before that the current practice of the Prosecutor General submitting opinions on prosecutors' appointments in writing to the Prosecution Personnel Committee and appointing the Prosecutor General from among incumbent prosecutors be improved.
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