"Prosecutors Can't Investigate Itaewon Disaster Due to 'Geomsu Wanbak'?…Han Dong-hoon vs. Opposition Party Clash"

Minister of Justice: "Regulations Missing for Direct Investigation of Major Disasters"
Opposition: "Investigation of Police Neglect Possible by Joint Investigation Headquarters, etc."
Kim Han-gyu: "It's True That Investigation Cannot Start, But Must It Be Prosecutors?"

[Image source=Yonhap News]

[Asia Economy Reporter Naju-seok] Despite the Itaewon tragedy, the opposition party has reacted strongly to Minister of Justice Han Dong-hoon’s remarks that the prosecution faces limitations in investigations due to the so-called "Geomsu Wanbak" (complete removal of prosecutorial investigative authority) law. While the opposition partially acknowledges that the prosecution cannot initiate investigations, they argue that the prosecution still has ways to proceed with investigations.

Minister Han recently met with reporters on his way to attend a briefing at the National Assembly’s Legislation and Judiciary Committee, addressing concerns about police self-investigation by saying, "I have seen the police say they will investigate the matter transparently and strictly, and beyond that, I do not have any special knowledge." He added, "However, the recent amendment to the Geomsu Wanbak law removed the provision allowing the prosecution to directly initiate investigations related to major disasters."

Minister Han stated, "This part has not yet been removed in the enforcement decree," and explained, "While the prosecution can investigate the crimes committed by the police, this case involves a disaster caused by multiple factors, so under the current investigation initiation regulations, it seems there are limitations for the prosecution to directly start an investigation. I believe the prosecution will make a sound judgment."

Minister Han was referring to the partial amendment to the Prosecutors’ Office Act passed by the National Assembly plenary session in April, which excluded four types of crimes?public official crimes, election crimes, defense business crimes, and major disasters?from the scope of crimes for which the prosecution can initiate investigations.

The opposition party, without directly mentioning the part about not being able to initiate investigations, counters that investigations can be sufficiently conducted under current laws.

Park Joo-min, a Democratic Party lawmaker who served as the opposition whip of the Legislation and Judiciary Committee in the first half of the 21st National Assembly, said in a radio interview the day before, "If the police are involved in dereliction of duty or professional negligence causing death or injury, the prosecution can of course investigate the police under current laws, and the Corruption Investigation Office for High-ranking Officials (CIO) can also investigate crimes committed by high-ranking police officers, so issues related to command chain errors can be investigated."

There is also an opinion that the prosecution can proceed with investigations if a joint investigation headquarters is formed.

Democratic Party lawmaker Lee Won-wook also said in a radio interview on the 3rd, "If a joint investigation headquarters is formed, with the prosecution and police working together, there is sufficient room to conduct investigations," adding, "Minister Han’s remarks completely exclude such possibilities and frame the so-called Geomsu Wanbak law as flawed."

[Image source=Yonhap News]

Within the Democratic Party, there are voices saying that Minister Han’s statement that the prosecution cannot initiate investigations is not incorrect. However, questions are raised about whether the prosecution necessarily needs to conduct investigations.

Democratic Party lawmaker Kim Han-gyu said in a radio interview that day, "It is somewhat true that the scope of crimes for which the prosecution can initiate investigations has decreased," but added, "There should be ways to expand this through revising the enforcement decree, but since preparations were not made, the prosecution cannot initiate investigations." Thus, Minister Han’s explanation that the prosecution cannot directly initiate investigations is not wrong.

However, Kim countered, "The very idea that the prosecution must initiate investigations is mistaken," and said, "It is not problematic for the police to conduct investigations, especially in this case, where dereliction of duty could be an issue. In such cases, crimes committed by senior police officers at the rank of superintendent or above can also be investigated by the CIO."

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