Former justice ministers and prosecutors-general have voiced opposition to a proposed amendment to the Criminal Procedure Act that would completely abolish prosecutorial investigation authority. They argue that while the amendment recognizes prosecutors' rights to request warrants and file indictments, abolishing the supplementary investigation authority needed to make such judgments not only violates legal principles but also carries potential unconstitutionality.
The Prosecutors' Alumni Association, chaired by former Prosecutor-General Han Sang-dae, issued a statement on the 15th saying, "Requesting warrants and filing indictments are the results of a prosecutor's judgment and an expression of the prosecutor's conviction regarding guilt." The statement criticized the amendment, saying, "Requiring decisions on cases when evidence regarding the substantive truth is insufficient is not only unreasonable but also an unrealistic procedure that runs contrary to the conscience of legal professionals." It added, "We cannot help but feel devastated at a time just ahead of Constitution Day, which commemorates the enactment of the Constitution," and stressed, "Fully recognize prosecutors' supplementary investigation authority." The Prosecutors' Alumni Association is a social organization of retired prosecutors. Former Prosecutor-General Han Sang-dae, who served as head of the Justice Ministry's Prosecution Bureau and chief of the Seoul Central District Prosecutors' Office during the Lee Myung-bak administration before serving as prosecutor-general from 2011 to 2012, currently serves as its ninth chairman.
In particular, citing allegations of police cover-up related to the recent Jang Yoon-gi case, the association pointed out, "Who will address the damage caused by the police—which holds monopolistic investigative authority—covering for its own and conducting distorted investigations?" At the end of the statement, the association said, "Requiring decisions on whether to file indictments or request warrants without supplementary measures despite insufficient evidence is absurd," and urged, "We ask members of the Legislation and Judiciary Committee to make wise judgments and prevent undue infringement of the people's rights and interests."
