Kim Osu "Formally Requested Meeting with President Moon"... "If the Prosecution Reform Law Passes, I Will Resign Even 10 Times"

Prosecutor General Kim Oh-soo is speaking about the Democratic Party's legislative push for 'complete prosecution reform' at a press conference held on the 13th at the press room of the Supreme Prosecutors' Office in Seocho-dong, Seoul. Photo by Choi Seok-jin

[Asia Economy Choi Seok-jin, Legal Affairs Specialist Reporter, Kim Dae-hyun Reporter] Prosecutor General Kim Oh-soo announced on the 13th that he formally requested a meeting with President Moon Jae-in regarding the ruling Democratic Party's push for the 'Complete Removal of Prosecutorial Investigation Rights' legislation, known as 'Geomsu Wanbak (검수완박)'.

Kim also stated that if the Geomsu Wanbak bill passes the National Assembly, he would resign even ten times.

At a press conference held at the Supreme Prosecutors' Office press room in Seocho-dong, Seoul, Kim once again emphasized the unconstitutionality of the ruling party's Geomsu Wanbak bill.

He said, "Article 12, Paragraph 3 of the Constitution stipulates the prosecutor's right to request warrants. It is extremely important as it relates to personal freedom. Naturally, it presupposes investigative authority. Without investigative authority, how can one request a warrant? If a prosecutor has no investigative authority, can they request a warrant?"

Kim pointed out, "Some say 'Can't prosecutors investigate by reviewing records?' but it is judges, not prosecutors, who review records and make judgments. Judges can even conduct investigations in court. Preventing prosecutors from investigating is unconstitutional."

He continued, "In the original Constitution, the right to request warrants was granted only to investigative agencies. It did not specify who those agencies were. Generally, investigative agencies are considered prosecutors and judicial police officers. After the April 19 Revolution, during the 5th constitutional amendment, to prevent human rights violations from police warrant applications, the right to request warrants was specified to prosecutors. The investigative agency mentioned in the Constitution is the prosecutor. The intent is that completely removing investigative authority from constitutionally authorized prosecutors and monopolizing it to the police is unconstitutional," he explained.

Kim said, "We still do not know the details of the bill the Democratic Party is pushing. Although the party's stance has been finalized, we do not understand why the bill has not been disclosed until now. However, judging from the party meeting results, it seems to separate investigation and prosecution rights, prevent prosecutors from initiating investigations directly, and prohibit supplementary investigations on cases referred to the police," he said.

He added, "But where were investigations conducted for the Sewol ferry disaster, humidifier disinfectant case, state corruption scandal, judicial corruption scandal, large-scale financial and fair trade cases, and major disaster corruption crimes? Violent crimes such as murder, organized crime, drugs, sexual violence, as well as livelihood crimes like voice phishing, insurance fraud, and real estate fraud?shouldn't prosecutors and police cooperate or prosecutors conduct further investigations to uncover the masterminds or real culprits?"

He continued, "Even though many people lie in court, must cases always be handed over to the police for reporting and investigation? If someone is detained, do you prosecute without even hearing their side? Should we end cases without listening to the grievances of the wronged victims? I don't know what kind of bill will be made, but judging from the party stance, it seems difficult to operate within our criminal justice system and hard for the public to accept," he emphasized.

Kim said, "It has been only one year since the revised criminal law, which completely reformed the criminal justice system, was implemented. The new criminal justice system has caused confusion among prosecutors, police, the Corruption Investigation Office for High-ranking Officials, courts, and the legal community. I was involved in the revision process, so I am well aware of the details," he said.

He added, "The case handling procedures have become complicated, and now the parties involved in cases do not know which police station, which prosecutor's office, or which prosecutor is handling their case. They also say the case handling is taking too long. Until the first half of last year, only about 56% of cases requiring supplementary investigation requests were completed within three months, and 24% exceeded six months," he revealed.

He said, "As the Deputy Minister of Justice during the preparation of the revised criminal law, I feel a heavy responsibility for this situation, and since assuming the position of Prosecutor General, I have been dedicating all my efforts to stabilizing and supplementing the system. Amid this, if the criminal justice system is completely overhauled again causing only confusion, what would be the meaning of the great cause of prosecutorial reform that we have pursued so far?" he questioned.

Kim stated, "Last year, during the Ministry of Justice briefing, the President requested two things: to ensure that citizens do not feel inconvenience due to the changed criminal justice structure, and to be careful that the nation's crime response capabilities do not decline due to the implementation of the new criminal justice procedures. Is the attempt to abolish the prosecution's investigative function consistent with these requests? Why is the criminal justice system, which greatly affects citizens' personal freedom, being handled like a military operation with a deadline set for the April National Assembly session? Why is the prosecution being completely prohibited from investigating? We find it difficult to understand and accept," he said.

He said, "Although I am the Prosecutor General, I am well aware that prosecutorial investigations are criticized for lacking fairness, especially in political cases. For political and other current cases, we will actively consider involving outsiders in decisions on investigation initiation, compulsory investigations, and case handling. Also, if requested by parties involved, we will actively hold investigation review committees and strengthen their binding force, establishing institutional safeguards," he said.

At the end of the press conference, Kim said, "Today, I formally requested a meeting with the President regarding the current situation and the ruling Democratic Party's party-line decision on the bill to completely abolish prosecutorial investigative rights."

When asked to clarify under what circumstances he would resign, Kim responded, "I clearly stated my position at the nationwide prosecutors' chiefs meeting last Monday, and my stance has not changed. Resigning is easy. However, preventing the introduction of a flawed system is more difficult and challenging, but it is naturally a responsibility that must be borne," he said.

He added, "Nevertheless, if a flawed system is introduced, I believe it is only right to resign even ten times," he concluded.

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