Seoul Northern District Prosecutor General: "Geomsuwanbak is a Fictional Frame"

"Geomsu Wanbak Will Continue to Harm the People"
"Police, the Main Agent of Massive Public Authority"

Seoul Northern District Prosecutors' Office, commencing operations on the 19th.

Seooul Northern District Prosecutor Bae Yong-won criticized the Democratic Party's 'Geomsu Wanbak' (complete removal of prosecutorial investigative authority) bill as nothing more than a fictitious frame.

On the morning of the 22nd, Prosecutor Bae held a press conference and said, "I arranged this meeting out of an urgent desire to inform the public about the problems of the hastily progressing bill and the harm it will cause to the people once implemented." He also stated, "Complete separation of investigation and prosecution is impossible," and added, "Geomsu Wanbak is a fictitious frame that can only be discussed in a virtual world."

Prosecutor Bae argued that Geomsu Wanbak will ultimately lead to harm to the public. He said, "Just as a doctor cannot diagnose without seeing a patient, a prosecutor cannot decide whether to file charges without conducting an investigation," and "If the bill is enacted, prosecutors will not be able to hear the victims' appeals, and it will be difficult to uncover the substantive truth beyond the records." He also added that the planned nature of the crime in the Kim Tae-hyun three-women murder case was revealed through the prosecution's investigation. Through the prosecution's inquiry, relationships with the victims and behavioral psychology were also uncovered.

He explained that there is also a constitutional violation issue. Prosecutor Bae pointed out, "Article 12, Paragraph 3 of the Constitution stipulates the prosecutor's right to request warrants, and institutions without investigative authority cannot request warrants necessary for compulsory investigation," and "Geomsu Wanbak completely strips prosecutors of investigative authority and prevents them from independently requesting warrants." Because of this, he said there will be a gap in criminal punishment enforcement. Prosecutor Bae stated, "If Geomsu Wanbak is implemented, prosecutors will not be able to request warrants, and prosecutorial investigators will not be granted status as judicial police officers, leaving the prosecution with no way to apprehend fugitives."

He also pointed out the issue of judicial control over police investigations. He said, "The police are a massive public authority entity responsible not only for investigations but also for intelligence and foreign affairs," and "Judicial control by prosecutors, who are quasi-judicial bodies over police investigations, is absolutely necessary, and that is the principle of checks and balances in democracy." Furthermore, he said, "There needs to be a mechanism to correct situations when those under investigation feel wronged," and "A system without any method of control cannot exist in advanced countries."

He emphasized the timing issue as well. He pointed out that the revised Criminal Procedure Act has only been in effect for one year, and Geomsu Wanbak could cause even greater confusion. He said, "Rather than completely stripping prosecutorial investigative authority, it is urgent to properly evaluate and supplement the achievements and problems of the revised Criminal Procedure Act," and "In the legislative process, unprecedented shameful situations such as procedural manipulation and disguised party switching are being broadcast live in front of the public."

While he does not agree with cutting out the prosecution's investigative functions, he stated that if prosecutorial reform is calmly discussed in the National Assembly in the future, he will participate sincerely. He said, "There have been many concerns and criticisms about the fairness and political neutrality of prosecutorial investigations," and "The prosecution will make its best efforts, including introducing various control devices to maintain the fairness of investigations." However, he added that he is not aware of the details regarding the final mediation plan by National Assembly Speaker Park Byeong-seok.

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