Investigative Scene Police Officers Strongly Oppose Enforcement Decree for Investigation Authority Adjustment Ahead of Legislative Notice

At the Police Agency Briefing on the 5th
Criticism of Prosecutors' Expanded Investigation Scope and Superior Authority
Dissatisfaction Also Arises Over Ministry of Justice's Sole Jurisdiction on Investigation Guidelines

The scene of the 'Presidential Decree Legislative Notice Field Police Officer Briefing' held at the National Police Agency on the 5th. / Photo by National Police Agency

[Asia Economy Reporter Lee Gwan-joo] As the provisional presidential decree detailing the adjustment of investigative authority between the prosecution and the police is expected to be announced for legislative notice soon, opposition within the police force is intensifying. The police plan to continuously demand revisions, arguing that the current provisional decree does not align with the purpose of 'prosecutorial reform' aimed at reducing the power of the prosecution.

The Democratic Party, the government, and the Blue House announced the 'Detailed Enforcement Decree on the Adjustment of Investigative Authority between the Prosecution and the Police' through a party-government-Blue House consultation on the 30th of last month. The presidential decree related to the adjustment of investigative authority specifically consists of the 'Regulations on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Principles (Draft)' and the 'Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation (Draft)'. The former deals with investigation principles applied to both the prosecution and the police, while the latter limits the scope of crimes for prosecutors' investigation initiation to six major crimes (corruption, economic crimes, public officials, elections, defense industry, and large-scale disasters).

According to multiple police officials on the 6th, there are three main points of police opposition. First, the inclusion of drug crimes within economic crimes and cybercrimes within large-scale disasters, allowing prosecutors to directly investigate these cases.

At the 'On-site Police Officer Explanation Meeting on the Provisional Presidential Decree for Legislative Notice' held at the National Police Agency the day before, Im Seong-bin, a warrant examiner (Inspector) at Namyangju Police Station in Gyeonggi Province, pointed out, "The prosecutorial investigation authority is still broadly recognized, exceeding the delegated scope defined by law."

There is also opposition regarding the investigation principles, which apply to both prosecutors and police officers, being solely under the jurisdiction of the Ministry of Justice. Jeong In-tae, head of the voice phishing task force (Lieutenant) at Dongjak Police Station in Seoul, criticized, "Since it encompasses the affairs of both institutions, joint jurisdiction is natural, but if it is under sole jurisdiction, one institution will inevitably dominate." Inspector Im sarcastically remarked, "It feels like we thought we finally owned a house after 70 years of hardship, but we are still just monthly tenants."

There was also an outcry over the maintenance of the prosecution's 'superior authority,' such as cases where the prosecution does not hand over cases for which they have obtained warrants to the police.

Kim Seon-taek, head of the criminal division (Police Superintendent) at Sujeong Police Station in Seongnam, raised his voice, saying, "The direction of prosecutorial reform to reduce prosecutorial power has gone off track," and added, "Besides the scope of direct investigation by prosecutors, any part where prosecutors can investigate without restriction as long as they obtain a search warrant must be excluded."

Accordingly, it is expected that the National Police Agency will actively present opinions for revising the enforcement decree in the future. Lee Gyu-moon, director of the investigation bureau at the National Police Agency, said in his opening remarks at the explanation meeting, "Although investigative reform aims to establish an equal and cooperative relationship between the prosecution and the police and to set up democratic procedures, it is regrettable that some of our opinions were not reflected." Meanwhile, the presidential decree on the adjustment of investigative authority is expected to be announced for legislative notice by tomorrow at the latest.

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