National Investigation Headquarters and Comparative Criminal Law Association Seminar on 'Improving Compulsory Investigation Procedures': "Police Must Have 'Warrant Request Authority'"

Voices Calling for Improvement of 'Junhanggo' to Protect Human Rights

[Asia Economy Reporter Lee Gwan-ju] Amid adjustments to investigative authority between prosecutors and police, there have been calls for the actualization of the 'Warrant Review Committee' established at each High Prosecutors' Office to check the prosecutors' exclusive right to request warrants, as well as the introduction of the 'Police Warrant Prosecutor' system.

Professor Kim Myeon-gi of the Department of Law at the Korean National Police University stated at the academic seminar on "Improvement Measures for Compulsory Investigation Procedures Following Investigation Authority Reform," jointly hosted by the National Investigation Headquarters of the National Police Agency and the Korean Society of Comparative Criminal Law on the 2nd, "The current Warrant Review Committee system is ineffective as a means to check the prosecutors' exclusive right to request warrants, so its operating regulations should be elevated to a presidential decree and the committee should be established within third-party institutions such as courts."

He added, "According to a recent Constitutional Court decision, it is also possible to have 'Police Warrant Prosecutors' affiliated with the National Police Agency, so active consideration should be given to establishing this system." This means that separate prosecutors affiliated with the National Police Agency should request warrants necessary for compulsory investigations.

Going a step further, there was also an opinion that the police should be granted the right to request warrants. Professor Yoon Dong-ho of Kookmin University, who participated as a discussant, said regarding the Police Warrant Prosecutor system, "It could rather serve as a basis for recognizing the prosecutors' exclusive right to request warrants," emphasizing, "It is appropriate for the police conducting investigations to also exercise compulsory investigative authority, and therefore it is proper for the police to exercise the right to request warrants."

There was also a call for institutional improvements to protect the rights of suspects during investigations. Shin Sang-hyun, a constitutional researcher at the Constitutional Court, stated, "To protect the rights of suspects and others, the quasi-appeal system should be improved so that requests for judicial review of the illegality of all disposition acts during the investigation stage can be made."

Kim Chang-ryong, Commissioner of the National Police Agency, said in his congratulatory remarks, "I find it very meaningful that the most authoritative figures have gathered to seek ways to improve compulsory investigation procedures," adding, "We will faithfully reflect the discussions in future policy formulation related to compulsory investigation procedures at the National Police Agency."

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