Seoul: The Democratic Party is advancing its agenda on prosecutorial reform with a goal to finalize legislation before the Chuseok holiday. Central to the debate is a proposal to abolish prosecutors' supplementary investigation powers, a move that has sparked concerns about potential unintended consequences.
According to Yonhap News Agency, Noh Man-seok, the acting prosecutor general, expressed his opposition during a visit to the Busan High Prosecutors' Office and District Prosecutors' Office. He emphasized that it is both a right and an obligation for prosecutors to uncover the substantive truth through supplementary investigations while adhering to due process. His warnings highlight fears that the abolition of such powers could negatively impact public rights. Given the Constitution, the Criminal Procedure Act, and the realities within courtrooms, his concerns have resonated widely.
Within the prosecution, there are clear divisions. Im Eun-jung, the chief prosecutor of the Seoul Eastern District Prosecutors' Office, supports the complete abolition of supplementary powers. In contrast, An Mi-hyun from the Seoul Central District Prosecutors' Office argues that ending supplementary investigations would not constitute reform but rather the collapse of the criminal justice system. Jung Kyung-jin, the deputy chief of the Seoul Southern District Prosecutors' Office, noted that the debate appears to be driven more by politics than by public interest. These differing viewpoints underscore the risk that the reform could deepen internal conflicts and erode public trust.
The issue traces back to reforms under the Moon Jae-in administration, which restructured prosecutorial and police powers and established the National Office of Investigation. However, complaints about delays in case handling persisted. The proposed creation of a Serious Crimes Investigation Agency under the Ministry of the Interior and Safety could lead to an excessive concentration of investigative authority, weakening the system of checks and balances.
For citizens, the loss of supplementary powers could mean that flawed police investigations leave victims without recourse. The growing "case ping-pong" between agencies could exacerbate delays and increase public frustration. Even progressive legal scholars have acknowledged abuses since prosecutors' oversight of police has diminished. Historical cases, like the 1987 death of student activist Park Jong-chul under police torture, illustrate how prosecutorial follow-up investigations have been crucial in uncovering rights violations and correcting mishandled cases.
While curbing the influence of politicized prosecutors associated with the "Yoon Suk Yeol faction" is necessary, eliminating supplementary powers entirely would deprive rank-and-file prosecutors of essential functions in handling everyday crimes, potentially resulting in overreach that ultimately harms ordinary citizens.
The Democratic Party aims to push amendments to the Government Organization Act, including the creation of a Public Prosecution Office and a new agency for serious crimes, with a vote set for September 25. Supplementary powers would be addressed subsequently. However, reforms that proceed without fully considering public costs risk undermining justice.
The presidential office and Justice Ministry are urged to consider the perspectives within the prosecution and the broader legal community. Reform should be driven not by political slogans but by the imperative to safeguard citizens' rights.