Empowered police will have prosecution in check
From left, Interior and Safety Minister Kim Boo-kyum, Prime Minister Lee Nak-yon, Justice Minister Park Sang-ki and presidential secretary for civil affairs Cho Kuk pose for a photo at the Seoul Government Complex in Gwanghwamun, Thursday, during a press briefing on reorganizing investigation procedures for the police and prosecution. Yonhap
Investigative prerogative reorganization will allow police more autonomy
By Lee Kyung-min
Police will be able to open, lead and close investigations without the prosecution's supervision, a major change that will grant more autonomy to them in a much-anticipated reorganization of investigative prerogatives, which is designed to rein in the power of prosecutors.
Prime Minister Lee Nak-yon and presidential secretary for Civil Affairs Cho Kuk, as well as the Ministry of Justice and the Ministry of Interior and Safety, which oversee the prosecution and police, respectively, announced the reorganization, Thursday. It redefines the relationship between the prosecution and the police as cooperative, not authoritative. The measure largely seeks to empower the police which will limit the prosecution in exercising its authority and discretion to unrestrictedly intervene in investigations.
Under the plan, the prosecution will no longer be allowed to give directives to police, unlike now where police must seek constant supervision and approval of prosecutors in opening, conducting and closing investigations. Currently, the police upon concluding an investigation must refer it to the prosecution to seek a ruling on a course of action. This includes whether to file indictments or drop cases, even for the lowest-profile, clear-cut ones which police say do not require “higher” judgment. Only prosecutors can decide whether to indict a suspect or seek an arrest warrant.
The reorganization dictates that prosecutors intervene in only limited cases concerning suspected human rights abuses, or the abuse of investigative authority, in which the police must submit case files to the prosecutors and comply with correction orders. Failure to do this will allow the prosecution to take over. To counter criticism over possible cover-up attempts by police, prosecutors can require reports about dropped cases with opinions and grounds for not seeking trials.
If prosecutors deem such action as inappropriate or reasoning to be insufficient, a new investigation will be conducted. Police must refer cases to the prosecution for further review upon complaints from those involved in ones they unilaterally closed. Failure to do so will subject them to prosecution for dereliction of duty.
Prosecutors will not be able to initiate investigations into cases that were not previously conducted by police. This is a major change that limits the investigative power of the prosecution that frequently bypassed police in what it deemed were “high-profile” or “too-important-for-police-to-handle” cases. The prosecution will, however, still retain the right to directly investigate suspected cases concerning corruption, high-ranking government officials' malfeasance, financial crimes and election fraud or irregularities.
Cho said the envisioned measures are premised on the swift passage of pending bills which will allow the setting up of an investigative body and gradual but full implementation of an “autonomous police system.” The investigative body will be empowered to look into suspected corruption involving high-ranking government officials including prosecutors, judges, ministers and heads of municipalities. This comes amid criticism that the prosecution rarely held such individuals accountable for criminal behavior due to its prevalent sense of “protecting the elite establishment.”
Under the autonomous police system, headquarters will be set up in 17 metropolitan cities and provinces, granting them authority to investigate a limited number of criminal offenses. The measure seeks to decentralize police power that is currently concentrated under the complete control of the National Police Agency, and supervised by the interior ministry.
The measure could improve accountability of autonomous police forces, whose organization and appointment would be determined by the heads of the 17 cities and provinces, and subject to change every four years during local elections. A gradual adoption would follow beginning with a pilot program in five major cities starting next year, with full implementation expected in 2020.