by Cho Seongpill
Published 18 Apr.2022 10:45(KST)
[Asia Economy Reporter Seongpil Cho] The ruling Democratic Party's push for the 'Geomsu Wanbak (Complete Removal of Prosecutorial Investigation Rights)' bill has created a divide within the police force. Rank-and-file officers actively support Geomsu Wanbak and are demanding practical measures to strengthen investigative capabilities from the leadership, but the police command remains lukewarm. Amid this, Nam Gu-jun, head of the National Investigation Headquarters of the National Police Agency, is scheduled to express his stance on Geomsu Wanbak for the first time among the top brass at a regular press briefing on the morning of the 18th.
The National Police Workplace Council issued a statement on the afternoon of the 17th, welcoming the move by saying, "The 53,000 members of the council support the complete separation of investigation and prosecution for a fair and just criminal justice system." The council argued, "The combination of investigative and prosecutorial powers creates a structure that is unchecked and unmonitored by anyone. No single authority should monopolize all powers, and the system must be designed to filter out errors at each stage." They added, "Police investigations should be controlled by prosecutors' prosecutorial rights, and prosecutors' exercise of prosecutorial rights should be controlled through court rulings." The council also stated, "The 0.6% of investigations handled by the prosecution have so far been free from any control," and "If the prosecutors' direct investigation rights are abolished, the 'uncontrolled 0.6% investigations' will transform into 'controlled investigations.'"
Meanwhile, the council demanded improvements in working conditions for investigative police officers from the National Police Agency and the National Investigation Headquarters. Since the revised Criminal Procedure Act implemented last year has increased the workload of investigative police, additional personnel are necessary. On the police internal network 'Polnet,' posts demanding improvements for investigative police have been continuously uploaded. One officer pointed out, "Police cannot even freely issue warrants," and added, "They talk about police investigative capabilities, but what capabilities can you have without the means?" Another officer said, "Investigative police have so far only tried to overcome external pressures with external help, not by strengthening internal capabilities," and "Even now, the National Police Agency should make the National Investigation Headquarters independent to build internal strength." There was also a post stating, "To properly protect the rights and interests of citizens who have suffered from crimes, investigative police must stand firm," and "I believe that the only answer for investigative police to stand firm is the independence of the National Investigation Headquarters."
Since the adjustment of investigative authority between the police and prosecution in January last year, the police have expanded their role by securing so-called 'primary investigation closure rights.' However, there have been criticisms that their core mission of investigation is actually regressing. According to the case handling status and operational directions announced by the National Investigation Headquarters on the first anniversary of its launch earlier this year, the time taken to handle cases increased by 8.6 days, from 55.6 days per case in 2020 to 64.2 days last year after the investigative authority adjustment. This is interpreted on the ground as a result of more complicated case handling procedures and increased ancillary tasks following the adjustment. This is also the background for calls to improve conditions for investigative police. The police leadership is avoiding direct comments on this issue. Especially with high-level personnel changes scheduled from the National Police Agency Commissioner down to senior officials in July, it is difficult to express opinions publicly.
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