The Democratic Party of Korea has amended a bill to establish the Serious Crimes Investigation Office, focusing on preventing prosecutor interference in investigations following prolonged negotiations among party members.
On July 17, the Democratic Party of Korea announced amendments to the legislation for the establishment of the Serious Crimes Investigation Office and the Prosecution Office, aiming to create multiple safeguards against prosecutor interference in investigations. This initiative is part of a broader strategy to entirely prevent any future recovery of investigative powers by prosecutors, a significant concern that has prompted intense deliberations over the past two months between the government, party, and the Blue House. The party leader, Jeong Cheong-rae, emphasized that the revisions remove provisions that allowed for investigative supervision, effectively severing any previous avenues for prosecutor involvement in ongoing investigations.
Included in these revisions was the deletion of a clause that defined the relationship between the Serious Crimes Investigation Office and the Prosecution Office. Initially, the proposed legislation required the Serious Crimes Investigation Office to notify prosecutors upon commencing an investigation into serious crimes, which critics argued would create a hierarchical dynamic reminiscent of the previous prosecutor-police relationship. The unanimous decision in a recent governmental meeting led to the complete removal of this provision, alongside eliminating sections that allowed provincial prosecutors’ offices to intervene in police investigations of misconduct.
Furthermore, measures were taken to prevent the expansion of prosecutorial investigation authority through legal loopholes created by administrative regulations. Under the previous government, adjustments were made that expanded direct investigation powers for prosecutors without legislative approval. The recent amendments now stipulate that the scope of prosecutors' duties can only be determined by law, thereby closing off pathways for unwarranted expansion of their authority. Efforts to revise the organizational culture within the prosecution, which had been under the control of the chief prosecutor, were also implemented, decentralizing powers among heads of various prosecution offices. However, the request to change the designation of the chief prosecutor to that of a prosecution office chief was not accepted, highlighting ongoing debates over the structure of the prosecution system in South Korea.
