Prosecutors Announce Alternative to 'Geomsuwanbak': "Enact Special Law... Operate Investigation Review Committee Like the U.S."

Lee Geun-su, Head of the Public Trial and Litigation Department at the Supreme Prosecutors' Office, is making a statement on June 21 at the press room of the Supreme Prosecutors' Office in Seocho-gu, Seoul, regarding 'Geomsu Wanbak' (Complete Removal of Prosecutors' Investigation Rights). Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Kim Daehyun] The prosecution, opposing the Democratic Party of Korea's push for the 'Complete Removal of Prosecution's Investigation Rights (Geomsu Wanbak),' has proposed to Park Byeong-seok, the Speaker of the National Assembly, an alternative plan for ensuring the fairness of prosecution investigations.

On the afternoon of the 21st, the Supreme Prosecutors' Office stated, "(The Democratic Party's) bill has significant constitutional issues in both content and procedure, and it could cause confusion in the criminal justice system such as an increase in acquittals and delays in case processing, as well as monopolizing investigations by a specific institution, resulting in irreparable damage to the public."

The Supreme Prosecutors' Office first requested the National Assembly to form a 'Special Committee for Criminal Justice System Reform' to discuss the matter. Through this special committee, they aim to gather diverse opinions from various sectors and take responsibility for promoting fundamental institutional solutions.

The Supreme Prosecutors' Office also proposed establishing a 'Committee to Strengthen Prosecution Fairness and Neutrality.' A representative from the Supreme Prosecutors' Office said, "Alongside efforts at the National Assembly level, the Supreme Prosecutors' Office plans to promptly establish such a committee centered on external experts within May," adding, "they will collect specific opinions on institutional reform from opinion leaders across various fields and within the prosecution, prepare a committee proposal within three months, and report it if the National Assembly forms a special committee."

The Supreme Prosecutors' Office also presented 'fairness enhancement measures' to be discussed by the special committee. ▲'Enactment of a Special Act for the Fairness of Investigations and Protection of Human Rights' ▲Strengthening democratic control by the National Assembly ▲Self-reform of the prosecution.

A representative explained the special act proposal, saying, "Currently, key provisions ensuring fairness, such as the Ministry of Justice's 'Human Rights Protection Investigation Rules' banning separate investigations, restricting late-night and long-duration interrogations, and the human rights protection officer system, could be applied to all investigative agencies including the prosecution by enacting a special law to enhance normative power and establish grounds for the accountability of investigators."

Regarding democratic control by the National Assembly, they said, "If requested by bipartisan agreement, it would not violate the constitutional separation of powers, and within the scope of not interfering with ongoing investigations, the Prosecutor General could appear before the National Assembly to respond and submit necessary materials such as indictments or non-prosecution documents," adding, "the National Assembly could also utilize impeachment against the Prosecutor General for constitutional accountability on grounds such as violation of such special laws."

The Supreme Prosecutors' Office also introduced self-reform measures. First, they announced plans to realize and legislate the 'Supreme Prosecutors' Office Investigation Deliberation Committee.' They intend to expand the right to request the committee's convening to third parties such as the chairperson of the National Assembly's Judiciary Committee, the Minister of Justice, and the President of the Korean Bar Association, broaden the scope of review to include whether to initiate investigations, and consider granting de facto binding power if a certain number of members agree. They further explained plans to legislate it to operate like the American-style 'grand jury,' similar to citizen participation trials, thereby returning prosecutorial authority to the public.

Additionally, they emphasized institutionalizing the 'National Representative Meeting of Ordinary Prosecutors' and the 'National Meeting of Prosecutorial Investigators,' which are democratically composed, to perform internal control functions through voluntary discussions and debates. They also plan to appoint 'special prosecutors' to independently investigate politically sensitive cases suspected of lacking neutrality and report only the results to the Prosecutor General.

A representative from the Supreme Prosecutors' Office said, "These self-reform measures, based on frontline opinions, will be implemented immediately where possible within May," adding, "those requiring further discussion will be thoroughly reviewed by the 'Committee to Strengthen Prosecution Fairness and Neutrality' and others to decide on implementation."

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