Mar 18 • 03:02 UTC 🇰🇷 Korea Hankyoreh (KR)

[Exclusive] Current Prosecutor Argues Need for Special Judicial Police Command: 'Path to Prevent Authority Abuse is Disappearing'

An internal discussion within the South Korean prosecution service has raised concerns over the recent removal of prosecutor command authority over special judicial police amidst the establishment of the Serious Crimes Investigation Agency.

On the 17th of November, new legislation for the establishment of the Serious Crimes Investigation Agency and Public Prosecution Service was announced by the ruling party and the government, leading to significant concerns within the prosecution regarding the omission of prosecutorial command over Special Judicial Police (SJP). Prosecutor Gong Bong-suk from the Seoul High Prosecutors' Office expressed apprehension through the internal prosecution network, mentioning that throughout his 20 years as a prosecutor, he felt uneasy with his supervisory role over SJP, primarily because many of the involved personnel lacked formal legal education and training. The recent legislative proposal removes this supervisory authority, which many fear will complicate investigations and lead to more instances of authority misuse without checks in place.

Gong pointed out that a majority of the practitioners within the SJP express difficulties managing complex procedures, noting that police investigators, who are already experts in criminal investigations, often struggle with the legal intricacies when faced with public officials lacking background in criminal law. Furthermore, his commentary raised concerns about whether the legislative discussions truly considered the practical realities and operational challenges of the SJP system, suggesting a lack of thoughtful engagement with the judicial processes at play.

Another significant point made by Gong was the potential for authority misuse due to this legislative shift. He highlighted how extensive delays in handling cases, which could lead to statute limitations expiring unnoticed, could emerge in the absence of proper oversight. He criticized the proliferation of specialized agencies without proper regulatory frameworks and warned that high-profile cases could fall through bureaucratic gaps, undermining the justice that victims, often numbering in the thousands, rightfully seek. Gong's reflections on the legislative changes provoke discussions on how to balance authority in the judicial system, particularly in a landscape where prosecutorial oversight is being diminished, raising fears of an operational paralysis within such critical investigations.

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