South Korea’s Ruling Party Moves to Limit Prosecutors’ Power
In a move aimed at reforming the country’s judicial system, South Korea’s ruling Democratic Party has introduced a revision to the Criminal Procedure Act. The proposed amendment seeks to curb prosecutors’ power and separate the investigative and indictment processes.
The bill, which was submitted to the National Assembly’s bill office on Thursday, would remove prosecutors as investigative agents while strengthening their authority to request supplementary investigations from the police. This move is designed to reduce investigative gaps and improve the overall efficiency of the judicial system.
According to the party’s senior deputy floor leader for policy, Kim Han-kyu, the revision aims to adjust investigative authority, strengthen checks and supervision over investigative agencies, and enhance protections for victims and complainants. The proposed changes are part of a broader effort to overhaul the country’s judicial system ahead of the planned launch of new investigation and prosecution agencies on October 2.
The bill also includes several key provisions aimed at strengthening victim protection and improving the overall transparency of the investigative process. For instance, it would allow suspects, as well as complainants, victims, and legal representatives, to file reports about suspected improper investigations. Prosecutors would then be empowered to demand corrective measures from the investigative agency or transfer the case to another agency.
Additionally, the bill would require police to submit investigative records and lists of materials to prosecutors in cases where they decide not to refer the case for prosecution. This move is designed to increase transparency and accountability within the investigative process.
The proposed amendment would also introduce a one-month deadline for police to complete supplementary investigations requested by prosecutors. In cases where the statute of limitations is about to expire, prosecutors would be allowed to set a shorter deadline, with one extension permitted.
The bill would also grant prosecutors the power to request the replacement of investigators deemed inappropriate to handle a case. This move is aimed at ensuring that investigations are conducted fairly and impartially.
The Democratic Party plans to review the bill on Friday at the National Assembly Legislation and Judiciary Committee, where it will be considered alongside previously submitted bills. The committee’s first bill review subcommittee plans to meet once or more than twice a week to conduct an intensive and swift review.
The proposed amendment has significant implications for the country’s judicial system and is likely to be the subject of intense debate in the coming weeks. If passed, it could lead to significant changes in the way investigations are conducted and cases are prosecuted in South Korea.
