Assembly Panel Reviews Bill to Abolish Prosecutors' Supplementary Investigation Power

The National Assembly's Legislation and Judiciary Committee convened a subcommittee for bill review on the 13th, led by the Democratic Party of Korea, to conduct a combined review of three amendments to the Criminal Procedure Act centered on abolishing prosecutors' supplementary investigation power. At the meeting, discussions focused on measures to enhance the effectiveness of supplementary investigation requests to police in place of prosecutors' supplementary investigation power.

However, following the "Jang Yun-gi case," which raised suspicions of a botched police investigation, opinions emerged within the Democratic Party that supplementary investigation power should be recognized on a limited basis to protect victims. As a result, related bills are also expected to be brought to the review table.

Rep. Kim Seung-won of the Democratic Party, the ruling party's floor secretary on the committee and chair of the first bill review subcommittee, met with reporters immediately after the meeting and said, "We held in-depth discussions on the Criminal Procedure Act amendments centered on the Assembly's review report, and about half of the process has been completed." He added, "We plan to hold two or three subcommittee meetings this week, including today, to conclude the Assembly's discussions."

The committee plans to hold a bill subcommittee meeting on the morning of the 15th, calling in officials from the Ministry of Justice, the National Police Agency, and the Corruption Investigation Office for High-ranking Officials (CIO) to hear their views on the amendments before refining the bill. It plans to process livelihood bills, including the Criminal Procedure Act amendments, at a plenary session that same afternoon.

Rep. Kim explained, "We are not simply discussing whether to allow supplementary investigation power, but reviewing the entire criminal justice system, including the protection of citizens' basic rights and the guarantee of rights of parties involved in cases, such as victims and suspects." He added, "We are also discussing ways to ensure that external controls can properly function at the investigation, warrant, and indictment stages."

Rep. Park Eun-jung of the Rebuilding Korea Party, also a committee member, said, "The Criminal Procedure Act amendments include measures to abolish supplementary investigation power and make supplementary investigation requests substantive, and we are conducting the review centered on those aspects." She added, "The Ministry of Justice has also expressed its position that it will actively present its views on concrete measures to make supplementary investigation requests substantive."

During the bill review process, concerns were reportedly raised that a full abolition of prosecutors' supplementary investigation power could create a gap in victim protection. In this regard, the committee is also examining follow-up measures to accompany the abolition of supplementary investigation power.

Rep. Kim said, "We are reviewing measures to digitize evidence, indirect facts, various circumstances, and, if possible, elements related to sentencing obtained during the investigation process so they can be kept as records." He said, "We also discussed whether it is necessary to establish procedures allowing parties involved in a case to meet with prosecutors or convey their opinions when needed."

He continued, "We discussed broadly, even to the point of building an ex-post verification system that can check the appropriateness of the investigation process even after an investigation is concluded and an indictment is made or a case is closed." He added, "We are designing it so that investigators can collaborate organically under their own names, from the early stages of investigation such as requesting search and seizure warrants, to conclude the investigation."

However, within the Democratic Party, voices are calling for supplementary investigation power to be allowed only in exceptional cases to protect victims. Rep. Hong Ki-won of the Democratic Party plans to introduce a separate amendment to the Criminal Procedure Act on the 14th that would recognize prosecutors' limited supplementary investigation power only for crimes against the socially vulnerable, livelihood crimes such as voice phishing, and cases nearing the statute of limitations.

In this regard, Rep. Kim stressed, "If the bill is introduced and committee chair Suh Young-kyo decides to refer it directly, we will make it possible to discuss it together with the bills currently under review." He added, "If it is judged to be a reasonable supplementary measure during the discussion process, I too will introduce an amendment and include it in the discussions." Regarding the People Power Party's absence from the committee schedule, citing reasons such as negotiations over the composition of the Assembly, he urged, "Please come into the Assembly and join the discussion to change the criminal justice system for the first time in 70 years."

Meanwhile, the Democratic Party plans to further gather party opinions on the Criminal Procedure Act amendments at a general meeting of its lawmakers on the 14th before continuing with the committee review and legislative process.