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ED Gwangju murder case reveals danger of unchecked power

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Judicial reform must preserve institutional checks

A police officer's alleged attempt to conceal and destroy evidence in the murder case involving a fellow officer's son has sparked public outrage.

On Wednesday, police arrested an unnamed detective in the homicide division of Gwangsan Police Station in the southwestern city of Gwangju on charges of colluding with a senior inspector, identified only by his surname Jang, to destroy evidence related to allegations of Jang's son's involvement in the premeditated murder of a high school girl.

The alleged collusion came to light while the murder investigation was still underway. The case has since been transferred to prosecutors for review.

The incident has fueled a heated debate over a proposal to overhaul Korea's criminal justice system by stripping prosecutors of their authority to direct and oversee police investigations. Under the proposal, the police would assume full responsibility for criminal investigations, while prosecutors would be limited largely to deciding whether to indict cases referred to them.

The ruling Democratic Party of Korea (DPK) has submitted an amendment to the Criminal Procedure Act to the National Assembly's Legislation and Judiciary Committee. The bill would eliminate prosecutors' authority to supervise police investigations.

If enacted, the amendment would fundamentally reshape Korea's criminal justice system. The police would become the primary investigative authority, while prosecutors would be reduced to deciding whether to prosecute cases transferred by the police.

Like any other public institution, law enforcement requires a balance of power to function properly.

As the 19th-century British historian and politician Lord Acton famously warned, "Power tends to corrupt, and absolute power corrupts absolutely."

In a democracy, unchecked authority is dangerous. It often creates more harm than good. Institutions that wield excessive power are more likely to abuse it, and there is no reason to assume the police would be immune from that risk.

Ironically, it was precisely this concern over the abuse of power that prompted the DPK to pursue this reform. The party argues that prosecutors have long monopolized both investigations and indictments, giving them excessive authority. Separating investigative and prosecutorial powers, it says, is necessary to establish a healthier balance between the police and the prosecution.

However, critics argue that the proposal merely shifts the imbalance rather than correcting it. Removing prosecutors' authority to supervise police investigations could simply transfer excessive power from one law enforcement agency to another. If the bill passes in its current form, they warn, the police could become the new unchecked authority.

The proposal has also divided the ruling party.

While DPK leadership has reaffirmed its determination to pass the amendment before the party's leadership convention in August, several lawmakers have voiced concerns. They worry that vulnerable citizens who cannot afford legal representation may be left with fewer safeguards against investigative misconduct.

DPK Rep. Kim Nam-hee argued that unchecked law enforcement authority is undesirable regardless of which agency holds it. Referring to the murder case, Kim warned that if prosecutors no longer have the authority to oversee police investigations, similar incidents could go unchecked.

"When some police officers attempt to collude with suspects, as shown in the murder case of the high school girl, and if that happens again, the nation will remain helpless because there will be no effective mechanism to prevent or correct such abuses," Kim said.

Another DPK lawmaker, Hong Kee-won, also argued that prosecutorial oversight remains necessary to protect vulnerable people who lack the financial means to hire lawyers.

Justice Minister Jung Sung-ho has likewise called for additional safeguards to address potential flaws in the proposed system.

The main opposition People Power Party opposes the amendment. However, because the DPK controls the National Assembly, the bill's passage could simply be a matter of time if the party leadership continues to press ahead.

Checks and balances are a cornerstone of every healthy democracy. Concentrating excessive power in any single law enforcement agency undermines that principle and risks eroding public trust in the justice system.

Rather than replacing one imbalance with another, the ruling and opposition parties should work together to design a system that ensures accountability, protects the rights of citizens and maintains meaningful oversight over all law enforcement agencies.