Prosecutors: "Geomsu Wanbak, a 'Human Rights Neglect Law' Without Judicial Control or Human Rights Protection Functions"

"Mutually Contradictory or Unenforceable Provisions Too Numerous to List"
Prosecution: "Geomsu Wanbak May Infringe on 'Physical Freedom Guarantee and Right to Testify in Trial Procedures'"

Kim Ji-yong, Head of the Criminal Division at the Supreme Prosecutors' Office, is speaking at a press briefing on the issues related to the abolition of supplementary investigations by the prosecution, held on the afternoon of the 20th at the press room of the Supreme Prosecutors' Office in Seocho-gu, Seoul. [Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The prosecution has labeled the so-called ‘Geomsu Wanbak (Complete Removal of Prosecution’s Investigation Rights)’ bill proposed by the Democratic Party of Korea as a ‘Human Rights Neglect Law.’

On the 20th, the Criminal Division and Human Rights Policy Office of the Supreme Prosecutors’ Office stated in a briefing, "The proposed amendment focuses solely on reducing the prosecution’s authority, resulting in the complete abolition of judicial control over the police and human rights protection functions through prosecution investigations without any institutional safeguards."

They added, "The amendment was drafted in a very short period, making it an incomplete legislation with numerous mutually contradictory or unenforceable provisions that are difficult to enumerate entirely."

The prosecution judged that the Geomsu Wanbak bill could lead to ▲infringement on the right to physical freedom ▲abuse of public authority due to the abolition of judicial control over the police ▲potential violation of victims’ rights to testify during trial procedures.

Specifically, they pointed out issues such as the extension of the police’s independent detention period to 20 days, while shortening the prosecutor’s detention period to 10 days and abolishing investigations during the prosecutor’s detention period; effectively preventing prosecutors from exercising investigative rights over crimes committed in the line of duty by the police; and deleting the prosecutor’s authority to cancel detention or suspend detention execution.

On the other hand, the bill was criticized for abolishing all institutional control measures over the vast police authority. According to the amendment, the police monopolize administrative, security, judicial, and intelligence powers and can independently investigate all crimes without the prosecutor’s supervision or control.

The prosecution cited the cases of the late martyr Park Jong-cheol’s torture death and the 8th retrial of the Hwaseong serial murder case as examples. In the Park Jong-cheol case, the truth began to be uncovered through the prosecutor’s direction of body preservation and autopsy, which suggested water torture based on the medical examiner’s testimony. In the Hwaseong serial murder retrial, it was found that statements were fabricated due to illegal detention and harsh treatment by investigative agencies.

Additionally, the prosecution pointed out that victims’ rights to testify during trial procedures would be infringed and that appeal procedures would become ineffective. They expressed concern that in cases where the police do not forward the case to the prosecution (non-prosecution cases), complainants’ appeals and requests for reconsideration would be blocked.

Furthermore, the prosecution stated that if the Geomsu Wanbak bill passes, the prosecution would be unable to directly supplement cases sent by the police and would have no choice but to request supplementary investigations from the police, making it difficult to provide relief to victims.

The prosecution explained that if supplementary investigations are abolished, there would be limitations in uncovering the truth in cases such as the Jeju middle school student murder case, the Seoul city council member murder instigation case, the Muhaksan murder case, the 16-month-old adopted child murder (Jung In) case, and the Doctor’s Room case.

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