Bar Association: "Geomsu Wanbak is like hating bedbugs but setting your house on fire"
Bar Association Highlights Issues of Case Processing Delays and Backlogs... Frontline Confusion Continues
"Extreme Criminal Review Abolition Causes Major Gaps in Criminal Justice System... No Justification"
[Asia Economy Reporter Heo Kyung-jun] The Korean Bar Association (KBA) has expressed opposition to the so-called ‘Geomsu Wanbak (complete removal of prosecutorial investigative authority)’ bill promoted by the Democratic Party of Korea.
In a statement released on the 12th, the KBA emphasized, "As this is a significant matter involving the redesign of the national criminal justice system, sufficient review of the entire criminal justice system and national consensus must precede it. Therefore, it is clearly opposed as it is not an issue to be hastily pursued during a regime change."
It added, "Institutional reforms in a democratic country are legitimate only when based on sufficient discussion and national consensus about the concrete benefits the reform brings to the ‘people.’ This is especially true for the criminal justice system, which is the framework for restricting citizens’ fundamental rights and protecting their interests."
The KBA pointed out that many problems have emerged in the case handling process following the adjustment of investigative authority between the prosecution and the police. The KBA stated, "Although public inconvenience has increased due to delays in case handling, case backlogs, refusal to accept complaints, and transferring cases to other police stations, confusion at the frontline continues due to the incomplete coexistence and unclear division of duties between autonomous police and national police, which were proposed as measures against the excessive expansion of police power, as well as the ambiguous position of the National Investigation Headquarters."
Furthermore, the KBA expressed concern that the Democratic Party’s unilateral push for the Geomsu Wanbak bill is likely to cause a significant gap in the criminal justice system. It noted that no major advanced countries overseas completely remove prosecutors’ investigative authority, and pushing the bill without sufficient discussion is a premature judgment.
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The KBA argued, "Unilaterally pushing the extreme ‘Geomsu Wanbak’ has no justification and does not align with the interests of the people," adding, "Excluding the prosecution, which has been the cornerstone of criminal justice for over half a century, from all criminal investigations without sufficient consultation with legal experts and national consensus is akin to burning down one’s house out of hatred for fleas."
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