Why Did the Ruling and Opposition Parties Agree on 검수완박?... Different Dreams Over the 'Speaker's Mediation Proposal'

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[Asia Economy Reporter Park Jun-yi] The heated legislative controversy over the so-called 'Geomsu Wanbak' (complete removal of prosecutorial investigative authority) that flared up ahead of the next government’s inauguration was settled as of the 22nd. On this day, both the Democratic Party and the People Power Party accepted the mediation proposal put forth by National Assembly Speaker Park Byeong-seok. However, the two parties offered differing interpretations regarding the prosecution’s 'supplementary investigative authority' and the retention of investigative authority over 'economic and corruption crimes,' hinting at the possibility of future clashes.

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The mediation proposal disclosed by Speaker Park on this day included ▲separation of the prosecution’s direct investigative authority and prosecutorial authority ▲abolition of direct prosecution investigations for four types of crimes: public officials, elections, defense industry crimes, and major disasters ▲reduction of six special investigation divisions to three to decrease the total volume of direct prosecution investigations ▲formation of a judicial reform special committee with authority to review legislation, discussing the overall judicial system including the tentative establishment of the Serious Crime Investigation Agency (Jungsucheong) ▲legislative action within six months after forming the special committee for Jungsucheong, with establishment within one year ▲processing of prosecution reform bills within April ▲enforcement of the amended Prosecutors’ Office Act and Criminal Procedure Act four months after promulgation.

The bill originally demanded by the Democratic Party included the separation of prosecutorial investigative and prosecutorial authorities, as well as the removal of authority over six major crimes (corruption, economic crimes, public officials, elections, defense industry crimes, and major disasters). However, the mediation proposal contained the separation of investigative and prosecutorial authorities but excluded corruption and economic crimes from the list of abolished authorities. Additionally, while the Democratic Party requested a three-month grace period after the bill’s promulgation, Speaker Park’s mediation plan stipulated enforcement after four months. The Democratic Party’s proposal to abolish the prosecution’s supplementary investigative authority was not reflected.

However, the mediation proposal included the formation of the Serious Crime Investigation Agency, a long-term plan pursued by the Democratic Party. It stipulated the formation of a judicial reform special committee to discuss such matters, with legislative action within six months and establishment within one year.

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The People Power Party had previously taken the stance that if the Democratic Party forcibly proceeded with legislation, they would block it even through filibustering. However, when Speaker Park presented the mediation proposal, they accepted it more 'easily' than expected. Democratic Party lawmaker Kim Du-gwan emphasized cooperation, saying, "Today’s agreement might rather be seen as a decision by Floor Leader Kwon."

Floor Leader Kwon emphasized that the outcome was a result of bipartisan compromise and asserted that the People Power Party defended what they wanted. On Facebook that day, he said, "Against the 180-seat Democratic Party, we tried to create a 'second-best alternative' to prevent the 'worst outcome,'" highlighting that the supplementary investigative authority and investigative authority over corruption and economic crimes were retained. He added, "If the Democratic Party’s original 'Geomsu Wanbak' bill passes, it cannot be reversed and would be a historical wrongdoing," and noted, "Thanks to public opinion, a catastrophe was averted." He particularly stressed the preservation of supplementary investigative authority, stating, "The supplementary investigative authority is 100% alive," and "The scope of supplementary investigations covers 99.3% of all crimes. Investigations into economic and corruption crimes among the six major crimes account for about 0.1% of the 0.7%."

The Democratic Party, having accepted the mediation proposal, cited the realization of the 'separation of investigative and prosecutorial authorities' as their reason. After a party meeting, Democratic Party Floor Leader Park Hong-geun said, "The Democratic Party has strongly insisted on the principle that investigative and prosecutorial authorities must be separated this time to correct the infringement of basic rights caused by the excessive concentration of investigative authority in the prosecution, and we requested this in the Speaker’s mediation proposal." He also emphasized the processing of the bill within April and the inclusion of the establishment of a 'Korean-style FBI,' i.e., the Serious Crime Investigation Agency.

He interpreted that once the Serious Crime Investigation Agency is established, the separation of investigative authority for the remaining two crimes would also become possible. Floor Leader Park said, "The FBI law (Jungsucheong law) will be processed within six months, and the agency will be established within one year. Within one year and six months, the investigative authority over the two major crimes will also be abolished." Regarding supplementary investigative authority, he cited a clause stating that "the prosecution shall investigate cases where corrective measures are requested and cases where the complainant raises objections, within the scope that does not harm the unity and identity of the case," and viewed this positively, saying, "Legal investigative issues will be legally prohibited."

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Ultimately, the ruling and opposition parties agreed on the 'separation of investigative and prosecutorial authorities,' but regarding investigations into corruption and economic crimes, the People Power Party interpreted that the prosecution would retain investigative authority, while the Democratic Party viewed these as long-term targets for investigation by the Serious Crime Investigation Agency. Therefore, there is a high possibility of another confrontation over the formation of the Special Committee on Judicial Reform and discussions on the Jungsucheong law.

Moreover, with the next government’s inauguration next month, there is speculation that President-elect Yoon Seok-youl may exercise his veto power over the bill. Floor Leader Kwon stated, "We will create the Serious Crime Investigation Agency, but the prosecution must retain investigative authority to control the police," signaling an intention to preserve the prosecution’s supplementary investigative authority, which suggests future opposition. On the other hand, Floor Leader Park questioned the possibility of veto, saying, "Would the President-elect veto something that they themselves accepted and agreed upon?" Former Minister of Justice Cho Kuk commented, "It is important that the timing for establishing the Serious Crime Investigation Agency is strictly observed," and predicted, "Delaying tactics by the prosecution and the People Power Party are expected."

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