Police Face Strong Backlash Over 'Investigation Authority Adjustment Presidential Decree' Legislative Notice... Public Debate Scheduled for Today
"Contrary to the Purpose of Prosecution Reform... Must Be Revised"
Field Investigation Police Officers Plan to Return Handcuffs Performance
[Asia Economy Reporter Lee Gwan-ju] Opposition from within and outside the police continues regarding the draft presidential decrees on the Criminal Procedure Act and the Prosecutors' Office Act related to the adjustment of investigative authority between the police and prosecution.
On the 11th at 4 p.m., Im Ho-seon, a member of the Democratic Party of Korea, along with the Korean Police Law Association and the Korean Police Research Association, will hold a forum titled "The Meaning of Investigation Structure Reform and Improvements to the Draft Presidential Decree" at the Police Agency Training Center. The forum will be broadcast live on Im’s YouTube channel.
Lee Jong-seo, Chief Superintendent and head of the Research Planning Team of the Police Agency’s Investigation Structure Reform Unit, who presented the main topic, pointed out, "The draft presidential decree contains many problematic provisions that go beyond the scope of the parent law or exceed the limits of delegated authority." Lee cited, in particular, the provision allowing prosecutors to request reinvestigation even after 90 days on police-closed cases and to demand transfer without legal basis.
Following this, Kim Tae-myung, a professor at Jeonbuk National University Law School, stated, "The investigation guidelines (presidential decree of the Criminal Procedure Act) are solely focused on prosecutors controlling police abuse of investigative authority. However, if a procedure enabling practical consultation between police and prosecutors is specifically designed, such complicated provisions would be unnecessary." He added, "Considering that there has been virtually no enforcement decree related to investigation procedures under the Criminal Procedure Act until now, this investigation guideline should be enacted as a fundamental law on investigation procedures by establishing concrete procedures to protect human rights."
Meanwhile, during the public comment period for the draft presidential decree, more than 800 investigative departments have been participating in a certification relay on the police internal network, urging revisions to the draft. In line with the forum, field investigators plan to carry out a "handcuff return performance," demanding that the Criminal Procedure Act presidential decree be revised to be co-managed by the Ministry of the Interior and Safety (Police Agency) rather than solely by the Ministry of Justice, and to remove drug and cybercrime from the list of crimes for which prosecutors can initiate investigations.
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A police official said, "Since the investigative authority adjustment in 2011, this is the first time that police have conducted a handcuff return performance," adding, "It seems that opposition among field investigators to the current draft presidential decree has reached its peak." The public comment period for the draft presidential decree will continue until the 16th of this month.
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