Judicial Reform Bill Draws Backlash From Prosecutors


By Kim Tong-hyung
Staff Reporter


The ruling Uri Party has finalized its plan to rewrite the current law on judicial procedures to allow police more investigative power in criminal cases.

The move is expected to draw fierce objections from the prosecution, which currently has exclusive rights over criminal investigations.

A draft bill announced by the Uri Party Monday is designed to enable police to conduct investigations on most criminal cases independently of the prosecution, except for nine to ten specific types of crimes which would be designated by the President.

The exceptions may include serious crimes such as treason, murder and the violation of the National Security Law, according to lawmakers of the party.

The present law on judicial procedures recognizes the prosecution as the ``main body’’ for criminal investigations, granting it exclusive rights over criminal investigations, supervising police officials and indicting criminal suspects.

The Uri Party plans to submit the draft bill to the National Assembly in February.

Police have long demanded greater freedom to conduct criminal investigations independently of the prosecution, a stance which has significantly influenced the judicial reform plans pushed by the government and the ruling party.

However, the prosecution has been balking at the idea of sharing more of its investigative authority with the police, claiming that police currently enjoy enough authority to arrest, summon and question criminals.

``We respects the Uri Party’s plan on adjusting the investigative authority between police and the prosecution,’’ said Hwang Un-ha, a senior official at the National Police Agency (NPA).

Prosecutors have strongly opposed the sharing of investigative powers with the police.

Prosecutor General Choung Sang-myoung summoned an emergency meeting of senior prosecutors at the Supreme Prosecutors’ Office in Socho-dong, southern Seoul, ahead of the announcement of the bill.

The prosecution officials said their support for the reform plans will depend on the government securing the prosecution’s command over police in directing investigations.

Former Prosecutor General Kim Jong-bin stepped down from his post in October, protesting Justice Minister Chun Jung-bae’s directives disallowing the arrest of Dongguk University professor Kang Jeong-koo, who stirred controversy after releasing a series of articles on the Internet that some said were pro-North Korean.

The ministry’s intervention added fuel to the debate over whether the government is trying to weaken the prosecution’s independence and investigative powers.

Kim had continuously clashed with Chun, with the Justice Minister advocating the idea of giving more investigative authority to police. Choung was sworn in as Prosecutor General last month.

thkim@koreatimes.co.kr