ED Accept reform bills

Prosecution should change to serve people better

The prosecution runs the risk of tarnishing its image, as it attempts to defy the government-initiated reform aimed at curtailing its unrestricted investigative authority.

At the vanguard of the resistance is Prosecutor-General Moon Moo-il. He criticized reform bills that have been fast-tracked at the National Assembly, as they rearrange investigative rights between the prosecution and the police, and create a new agency to investigate corruption among high-ranking officials and their families.

While on a business trip on May 1, Moon said in a statement released by the Supreme Prosecutors' Office that the bills run counter to the democratic principle of checks and balances. He even cut short his four-country trip and returned home Saturday to make clear his opposition to the bills.

Moon's firm stance against investigative rights reform is somewhat understandable. Few prosecutors are in favor of such reform that will force the prosecution to hand over a considerable part of its authority to the police. But we have to ask a question: Do the reform bills really run afoul of democratic checks and balances?

The answer is negative rather than positive. The prosecution has had little respect for valued principles as it serves as the handmaiden of political power. It has a bad track record of repressing opposition politicians, student and civic activists, union leaders, and dissidents under the dictatorships of the 1970s and 80s.

The prosecution has not changed at all even though the country transitioned to democracy in the 1990s. It has continued to curry favor with the political elite. It has refused to give up its monopolized investigative power, and it has been engrossed in protecting its vested interests by forming a corrupt symbiotic relationship with political inner circles.

For these reasons, it is hard to expect the prosecution to accept the reform package and change itself. If history is any guide, reforming the prosecution stands little chance of success due to strong resistance from recalcitrant prosecutors.

This explains why President Moon Jae-in has pushed for prosecution reform since his May 2017 inauguration. At the core of this reform is depriving the prosecution of its right to oversee police investigations. If the bills get approval from the Assembly, the police will have greater autonomy in investigating most criminal cases.

It is right for the police to have the power to initiate and close cases without being controlled by the prosecution. It is also necessary for the new investigative body to deal with corruption cases of high-ranking officials. Yet the prosecution can still monopolize its indictment power and the right to request arrest and search warrants for suspects.

Of course, there are some concerns about the police having excessive power, abusing their authority, colluding with suspects and covering up cases, especially politically sensitive ones. But these worries can be addressed by improving their transparency and accountability.

The country can no longer delay the reform of law enforcement agencies. The prosecution should accept the reform bills and try to serve the people better. And it must transform itself into a champion of the rule of law in a true sense.