Democratic Party Proposes Bill to Abolish Prosecutor's Office and Establish Public Prosecution Service

[Image source=Yonhap News]

[Asia Economy Reporter Park Cheol-eung] The Democratic Party of Korea has introduced a bill for 'Prosecutorial Reform Season 2.'

On the 29th, Democratic Party lawmaker Kim Yong-min announced that he had taken the lead in proposing the Public Prosecution Office Act, which abolishes the Prosecutors' Office Act that monopolized investigative and prosecutorial powers, and clearly defines prosecutors as officials specializing in the initiation and maintenance of public prosecutions.

The bill proposes abolishing the Supreme Prosecutors' Office, High Prosecutors' Offices, and District Prosecutors' Offices, and establishing High Public Prosecution Offices and District Public Prosecution Offices instead. The Prosecutor General would become the Chief of the High Public Prosecution Office, with a status equivalent to that of a vice minister. Prosecutors would no longer conduct investigations but would focus solely on initiating and maintaining prosecutions.

This proposal stems from critical views that prosecutors have monopolized all criminal justice-related powers?including the authority to request warrants, direct investigations, enforce sentences, and conduct state litigation?beyond investigation and prosecution, thereby reigning as the highest power in the state.

Lawmaker Kim stated, "There are criticisms that the current organization of the prosecution is biased in investigation and prosecution, and concerns have been raised that the departments of the Supreme Prosecutors' Office have become private organizations serving the Prosecutor General personally." He added, "In particular, despite the prosecution having indicted illegal surveillance and abuse of power under the previous administration in the name of information gathering, the recent illegal surveillance of judges through the Supreme Prosecutors' Office's Investigation Information Policy Office shows attempts to revert to the past, causing the prosecution to lose public trust."

He continued, "The abuse of prosecutorial power, which is the ultimate target of prosecutorial reform?including excessive investigations, inadequate investigations, and arbitrary exercise of prosecutorial discretion?originates from the monopoly of prosecutorial and investigative powers." He emphasized that the monopoly of investigation and prosecution powers violates the principle of separation of powers, a fundamental premise of democracy.

Kim also pointed out, "There is no means for the police to object to a prosecutor's refusal to request a warrant, resulting in police investigations being nullified by the prosecutor's arbitrary judgment. Moreover, as prosecutors try to exercise all powers directly with limited personnel, their core duties of initiating prosecutions and conducting trials are neglected, perpetuating a vicious cycle."

In addition to Kim Yong-min, the bill was co-sponsored by Democratic Party lawmakers Kim Du-kwan, Kim Nam-guk, Kim Seung-won, Lee Gyu-min, Yoo Jeong-ju, Yoon Young-duk, Jang Kyung-tae, Oh Young-hwan, and Hwang Un-ha, as well as Open Democratic Party lawmakers Choi Kang-wook and Kang Min-jung.

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