Gov't reaches conclusion on completely abolishing prosecution's investigative rights: PM
Prime Minister Kim Min-seok speaks during a briefing on prosecution reform, Thursday. Yonhap
The government has reached a final conclusion that the prosecution should not be allowed the right to supplementary investigations, Prime Minister Kim Min-seok said Thursday, a decision the ruling Democratic Party of Korea (DPK) would welcome as it has pushed to abolish the prosecution's investigative rights altogether.
Whether to allow the prosecution to conduct supplementary investigations or scrap all of its investigative power has been a hot issue, with the ruling party calling for completely scrapping the rights and the opposition arguing that it could cause serious negative effects.
The government has shown a slight divergence from the DPK on the issue, with President Lee Jae Myung cautiously voicing concern that negative effects could arise in case all of the prosecution's investigative rights are scrapped, though he has said he basically agrees with stripping the agency of its supplementary investigative authority.
"The basic principle of the Lee Jae Myung administration's prosecution reform push is the separation of investigation and indictment," Kim told reporters. "Scrapping the prosecution's supplementary investigative right has been finalized as the government's basic position."
Kim said the government will deliver its position to the National Assembly without proposing a new bill.
"Rather than proposing a separate legislative bill, the government will respect the National Assembly's discussions and decision," he said. "I expect that various opinions will be sufficiently discussed and a reasonable conclusion will be drawn based on the people's will."
Kim's announcement came as he is preparing to leave office to run for leader of the ruling party in a race largely expected to be a two-way contest between Kim and current party leader Jung Chung-rae. The announcement could be seen as aimed in part at wooing the party's hard-line members usually considered supportive of Jung.
The DP has long pushed to overhaul the prosecution service, accusing the law enforcement agency of abusing its investigative power to harass liberal politicians, including late former President Roh Moo-hyun, who killed himself amid a prosecution probe into corruption allegations.
They say President Lee is also a victim, accusing the prosecution of indicting him on trumped-up charges. Lee stood trials in several corruption cases before they were suspended following his election and inauguration in June 2025.
The prosecution reform legislation, which calls for reorganizing the government with a focus on dismantling the prosecution and creating two new agencies handling investigation and indictment, respectively, passed through the National Assembly and the Cabinet in March, and is scheduled to take effect in October.
But the legislation has sparked concern from the opposition and other critics that serious negative side effects could arise if the prosecution is left with no right to investigate, leaving the police to conduct all investigations, as the prosecution has usually made up for shortfalls in police investigations.
As a follow-up to the prosecution reform legislation, the Criminal Procedure Act should be revised in the coming months, and critical experts argue that the act should be revised in a way that allows the prosecution at least a minimum level of investigative right.