More than 70% of Lawyers Responding to the Bar Association Survey Experienced Police Investigation Delays... "Reason is Lack of Investigation Capability"

Table of the survey results on 'Criminal Justice System Improvement' conducted by the Korean Bar Association / Provided by the Korean Bar Association

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] According to a recent survey conducted by the Korean Bar Association (President Lee Jong-yeop), 73.5% of the 1,155 responding lawyers reported experiencing cases of investigation delays at the police stage. Additionally, 72.5% of respondents cited a lack of 'investigative capability' as the reason for police investigation delays.

The Bar Association disclosed the results of the "Survey for the Improvement of the Criminal Justice System," conducted over 12 days from the 6th to the 17th of last month, targeting member lawyers nationwide, on the 1st.

A total of 1,155 lawyers participated in this online survey (via email).

When asked, "Have you personally experienced delays or postponements in investigations during the police investigation stage in the process of handling complaint cases?" 73.5% of respondents answered "Yes."

In response to the question, "If you have experienced police investigation delays, approximately how frequent are they? (Percentage relative to the number of complaint cases)," among 782 respondents, 21% (168 people) answered "50% or more," 66 respondents (8%) answered "100%," and 70 respondents (9%) answered "80% or more."

When asked, "Do you think criminal complaint cases at the police investigation stage are being handled appropriately within a reasonable period?" 82.5% of respondents answered "No," indicating that most lawyers are dissatisfied with the current police handling time for complaint cases.

Regarding the question, "Have you ever received guidance, explanations, or notifications about the reasons for delays in handling complaint cases?" 57% of 1,146 respondents answered "No," and 27.8% answered "I had to inquire multiple times to receive a difficult explanation."

When asked, "What was the police's explanation for the delay in investigating complaint cases?" 285 out of 526 respondents (54%) answered "Delay due to excessive cases and workload."

In response to the question, "How specific and clear were the reasons given by the police when deciding not to prosecute?" 58.9% of all respondents answered "Generally unclear," and 16.9% answered "Very unclear."

Table of the survey results on 'Criminal Justice System Improvement' conducted by the Korean Bar Association / Provided by the Korean Bar Association

Among 248 respondents who answered the open-ended question, "If you have suffered actual damage due to police investigation delays, please describe," 159 (64%) reported "substantial damage," and 61 (25%) noted "client dissatisfaction."

For the multiple-choice question, "What do you think are the main causes of police investigation delays in complaint cases?" 72.5% of 1,133 respondents answered "Lack of police investigative capability."

Other responses included excessive case burden on the police (62%), abolition of prosecutorial supervision over investigations (34.8%), and abolition of direct investigations by the prosecution (29.7%).

When asked, "Compared to before the adjustment of investigative authority between the prosecution and police, do you think police investigation delays have become more serious after the adjustment?" 66.1% of respondents answered "Serious."

Finally, in response to the open-ended question, "Please freely provide your opinions on practical measures or countermeasures to address police investigation delays," among 562 respondents, 192 (34%) suggested "strengthening police capabilities" through increased personnel and training, 142 (25%) advocated for "restoration of prosecutorial investigative authority," and 73 (13%) called for "re-adjustment of investigative authority between the prosecution and police," including restoration of supervisory rights.

The Bar Association stated, "This survey was conducted to ascertain whether lawyers frequently experience difficulties such as investigation delays at the police investigation stage in criminal complaint cases they represent following the adjustment of investigative authority between the prosecution and police, and to devise related improvement measures."

The Bar Association added, "The survey results showed that 73.5% of respondents experienced investigation delays at the police stage, and 57% reported not receiving any guidance, explanation, or notification from the police regarding these delays, indicating that the aftereffects of the adjustment of investigative authority between the prosecution and police still persist."

Furthermore, the Bar Association emphasized, "Changes to the criminal justice system, which significantly affect the protection of citizens' fundamental rights and interests, should be carried out gradually after broad consultation with legal experts and the public, ensuring thorough discussions. During this process, meticulous preparations must be made to prevent any leakage of criminal justice functions. Also, once changes are made, follow-up measures must be taken to thoroughly analyze the system from various angles, remedy shortcomings, and continuously develop strengths to ensure the system is firmly established."

They continued, "According to the survey results, at least the frontline police investigative personnel and conditions are not meeting lawyers' expectations for prompt and efficient handling of cases related to crimes affecting the public and for proper legal application. The Korean Bar Association will continue to recognize the current situation seriously and strive to improve it continuously to ensure no gaps occur in protecting citizens' rights."

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