Strong Voices for Revising the 'Proposed Legislation on Investigation Authority Adjustment'... Opinions from Four Academic Societies Submitted

Members of the Korea Public Officials Labor Union Federation (Gongnochoeng) and the National Public Officials Labor Union held a press conference on the 2nd in front of the Government Gwacheon Building, urging the revision of the presidential decree legislative notice on the Criminal Procedure Act and the Prosecutor's Office Act.
[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-joo] Amid fierce backlash over the legislative notice of the enforcement decree for the adjustment of investigative authority between the prosecution and police, academia has once again called for revisions.

The Korean Association of Public Security Administration, Korean Association of Criminal Psychology, Korean Association of Police Administration, and Korean Association of Private Security submitted a statement of opinion urging revisions to the Ministry of Justice regarding the enforcement decree of the Criminal Procedure Act titled "Regulations on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Principles" and the enforcement decree of the Prosecutors' Office Act titled "Regulations on the Scope of Crimes for Prosecutors' Investigation Initiation" to the National Participation Legislation Center and the Ministry of Justice on the 8th.

In their statement, academia first pointed out that the enforcement decree of the Criminal Procedure Act, which applies jointly to the police and prosecution as investigation principles, is designated solely under the Ministry of Justice’s jurisdiction, calling this “contrary to the basic principles of legislation.” They also criticized provisions allowing prosecutors to request reinvestigation even after the police have closed a case without prosecution after 90 days, and to demand case transfer even after the police have reinvestigated, as exceeding the scope of higher laws.

Furthermore, they emphasized that including drug and cybercrime within the scope of crimes for prosecutors' investigation initiation, and allowing prosecutors to investigate cases when search, seizure, or verification warrants are issued, do not align with the intent of prosecutorial reform. Accordingly, these associations urged that the jurisdiction over the enforcement decree of the Criminal Procedure Act be changed to joint jurisdiction between the Ministry of Justice and the Ministry of the Interior and Safety (National Police Agency), and that provisions exceeding the scope of higher laws be revised.

Lim Chang-ho, president of the Korean Association of Public Security Administration (professor at Daejeon University), stated, “Although this presidential decree of the Criminal Procedure Act is meant to establish a cooperative relationship between police and prosecution investigations, designating it solely under the Ministry of Justice raises concerns about arbitrary interpretation and amendments.” He added, “There are institutional devices that expand prosecutorial authority beyond what is stipulated in the law and undermine the police’s authority to close investigations guaranteed by law, raising concerns about a possible return to a de facto command relationship.”

Previously, academic societies such as the Korean Police Science Association, Police Education Council, and Korean Police Research Association, as well as public servant unions and the Police Commission, have delivered statements requesting revisions to the legislative notice to relevant agencies, and voices demanding changes to this legislative notice continue to grow.

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