Police Agency Apologizes for Controversy Over 'Former Vice Minister Lee Yong-gu Case'... Improves Internal Investigation Procedures
Investigation Cases to Be Handled as Preliminary Inquiries
Strengthening Command and Supervision
"Strict Measures for Officers Confirmed of Misconduct"
On the 9th, Kang Il-gu, head of the Anti-Corruption and Public Crime Investigation Unit, announced the results of the fact-finding investigation regarding the assault on a taxi driver by former Deputy Minister of Justice Lee Yong-gu at the Seoul Metropolitan Police Agency in Naejadong, Jongno-gu, Seoul. / Photo by Moon Ho-nam munonam@
View original image[Asia Economy Reporter Lee Gwan-ju] The police have apologized and announced follow-up measures, including improvements to the handling procedures of preliminary investigations, regarding allegations of a sloppy investigation related to the assault incident involving former Deputy Minister of Justice Lee Yong-gu and a taxi driver.
On the 9th, the National Police Agency issued a statement saying, "We sincerely apologize for causing concern to the public due to inappropriate handling of this case and for failing to prevent it institutionally in advance."
The police decided to strengthen the management system of preliminary investigations, which was problematic in this case, to a level equivalent to investigation procedures. First, important preliminary investigation cases will be reported to the metropolitan/provincial police agencies and the National Investigation Headquarters to receive guidance, and if the matter is significant, the metropolitan/provincial police agency will take over the case and conduct the preliminary investigation directly, thereby specifying the management and supervision by higher authorities. Additionally, investigative reviewers and responsible investigation supervisors assigned to each police station will objectively review and analyze the appropriateness and legality of decisions not to prosecute in preliminary investigations and periodically check these to determine the necessity of reinvestigation.
The procedures for handling preliminary investigations will also be significantly improved. The reasons for decisions not to prosecute, which were previously only expressed as "preliminary investigation closure," will be subdivided into categories identical to those used in criminal investigations: ▲no suspicion ▲not a crime ▲no prosecution right. This will allow the parties involved in the case to be specifically notified of the reasons for closure. Furthermore, to reduce confusion, the term "preliminary investigation" currently in use will be changed to "pre-indictment investigation," and the term "preliminary investigation" will be limited to "intelligence preliminary investigations," which refer to cases recognized and confirmed by the police through crime intelligence.
In particular, when changing the initially applied charge during the pre-indictment investigation process, the approval authority has been elevated to the head of the investigation department. The most controversial part of the former Deputy Minister Lee’s case was that the police officer who first arrived at the scene applied the charge of assault against a driver under the Act on the Aggravated Punishment of Specific Crimes (Special Act), but later changed it to simple assault. Simple assault is a "non-prosecutable offense upon victim's withdrawal of complaint," meaning that if the victim agrees, the perpetrator cannot be punished, whereas assault against a driver under the Special Act can be punished regardless of agreement and carries a heavier sentence. Currently, the investigator in charge prepares a pre-indictment investigation report for approval by the team leader, but this will be elevated to the head of the investigation department to ensure mandatory review and approval. This aims to strictly judge the appropriateness and legality of charge changes and to make the head of the investigation department’s command more substantive.
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Additionally, the police have introduced measures to ensure compliance with due process during the pre-indictment investigation stage, protect the rights of parties involved, strengthen external control through the "Police Investigation Review Committee," and introduce third-party objections. The National Police Agency emphasized, "Based on the results of the fact-finding investigation, we plan to conduct a strict internal inspection," and added, "For police officers found to have committed misconduct, we will take strict action not only against the perpetrators but also against those responsible for management and supervision."
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