Surprised by Yoon Seok-yeol's Return... Ruling Party Rushes 'Prosecution Reform Season 2'

Amendment to the Prosecutors' Office Act Limiting Direct Investigations to 6 Areas to Take Effect on the 1st of Next Month
Expanded and Reorganized into Prosecution Reform TF... Discussion on Measures to Abolish Investigation Authority

[Asia Economy Reporter Jeon Jin-young] The amendment to the Prosecutors' Office Act, which limits the scope of direct investigations by the prosecution to six areas including elections and major disasters, is scheduled to take effect from January 1 next year. However, the ruling party has begun discussing a plan to completely abolish the prosecution's direct investigation powers even before that. It appears that the ruling party, having experienced the Yoon Seok-yeol Prosecutor General incident, has judged that it needs to tighten the reins on prosecutorial reform.

[Image source=Yonhap News]

The Democratic Party of Korea expanded its existing power agency task force (TF) into the 'Prosecutorial Reform TF' and held its first meeting on the morning of the 29th. The Prosecutorial Reform TF consists of 19 members, including Democratic Party lawmakers from the Legislation and Judiciary Committee, legal professionals, and former police officers. They plan to undertake comprehensive institutional reforms such as the separation of investigative and prosecutorial powers. Party leader Lee Nak-yeon stated at the previous day's Supreme Council meeting, "We will steadily promote institutional prosecutorial reform centered on the TF." Some interpret this as the ruling party entering 'Prosecutorial Reform Season 2' after completing the recommendation of candidates for the High-ranking Officials' Crime Investigation Agency (HOCI) chief. TF chairman Yoon Ho-jung said at the first meeting, "In light of the recent Prosecutor General incident, there have been many criticisms regarding the abuse of prosecutorial power and selective exercise of prosecutorial authority based on prosecutorial convenience," adding, "Fundamental surgery on these issues is necessary."

The ruling party's 'Prosecutorial Reform Season 1' mainly focused on adjusting investigative authority between the police and prosecution. This was finalized by the amendment to the Prosecutors' Office Act in January. Accordingly, from January next year, the prosecution's direct investigation scope will be limited to six areas: corruption, economy, public officials, elections, defense business crimes, and major disasters. However, even before this law is implemented, there is a move to delete the investigative authority in these six areas altogether. A member of the Legislation and Judiciary Committee belonging to the TF explained to Asia Economy over the phone, "There was dissatisfaction within the party regarding the police-prosecution investigative authority adjustment because the investigative authority over the six major crimes was retained," adding, "The principle of separating prosecution and investigation has already been agreed upon. Now, it is necessary to create a concrete plan." He further added, "Having the investigating prosecutor also handle prosecution raises concerns about the appropriateness of investigations and human rights."

Originally, the separation of investigation and prosecution by the prosecution was considered the final stage and a long-term task of prosecutorial reform. The amendment to the Prosecutors' Office Act in January was understood as an initial step to implement a 'limited to six areas' plan. However, the ruling party's haste to enter 'Prosecutorial Reform Season 2' seems to have been significantly influenced by the Yoon Prosecutor General incident. When Prosecutor General Yoon obtained a court decision suspending the effect of his two-month disciplinary action and returned to work, disrupting the government and ruling party's plans, the need arose to pressure not just Yoon personally but the entire prosecution organization. TF member Hwang Un-ha wrote on Facebook on the 27th, "Instead of Prosecutor General Yoon surviving, the prosecution organization has become a target for reforms at the level of dismantlement," and added, "If prosecutorial reform has proceeded slowly by gaining consent until now, reforms from now on must be pushed at a revolutionary level in content and speed to gain the sympathy of the public who desire prosecutorial reform."

From this perspective, the TF discussions are expected to aim for a 'complete separation of prosecutorial investigative and prosecutorial powers.' Many alternatives are currently being proposed within the ruling party regarding this. One proposal is to establish separate investigative and prosecutorial agencies, where the investigative agency would include police and prosecutors dedicated to investigations, and the prosecutorial agency would only have prosecutors responsible for prosecution. Additionally, there is a proposal by lawmaker Lee Tan-hee to add a requirement of more than five years of legal experience for prosecutor appointments, and even plans to reorganize the prosecutorial system. The TF will put these various proposals on the table and begin comprehensive discussions.

However, it will take some time for the TF to be launched and for bills to be proposed. There is also analysis that the ruling party is accelerating prosecutorial reform in anticipation of next year's by-elections. A TF member said, "It is still difficult to specify the timing of the enactment of bills. Further discussions will be needed going forward."

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