ED Checks and balances at risk

Rep. Jung Chung-rae, chairman of the ruling Democratic Party of Korea (DPK), speaks during a meeting with DPK lawmakers at the National Assembly, Tuesday. Yonhap

Rep. Jung Chung-rae, chairman of the ruling Democratic Party of Korea (DPK), said the National Assembly will vote on the remaining two bills of the so-called “judiciary trio” Thursday.

The trio refers to the Serious Crime Investigation Agency (SCIA) Act, the Public Prosecution Office (PPO) Act and an amendment to the Criminal Law, better known as the Law Distortion Act. The latter took effect March 12, following its passage at the National Assembly earlier this month.

These packaged acts have sparked controversy over what critics describe as draconian measures targeting the judiciary and prosecution. The SCIA and PPO acts are intended to rebalance power within law enforcement. If enacted, they would significantly restrict prosecutorial authority in the name of preventing abuse of power, while expanding the role of nonprofessional investigators — so-called special judicial officers.

Special judicial officers are government officials with expertise in specific fields, such as labor inspectors and specialists in environmental, drug and food safety issues. While they possess deep knowledge in their fields of expertise, they are not trained law enforcement professionals. Under current law, they conduct investigations under prosecutorial supervision. If the new acts pass as expected, they would be able to operate independently, exercising broader discretion without oversight from prosecutors.

The two bills were pushed by the ruling party and passed by a standing committee despite objections from the main opposition People Power Party (PPP). Given the DPK’s legislative majority, the measures are likely to pass without difficulty. Together with the Law Distortion Act, the three have been labeled as the “toxic judiciary trio” by the PPP and some media outlets.

Under the Law Distortion Act, judges, prosecutors and other law enforcement officials can face up to 10 years in prison if found guilty of distorting or misapplying the law in prosecutions.

The measures have drawn backlash from legal professionals. Judges have raised concerns about judicial independence, while prosecutors warn that convicted individuals could exploit the law to retaliate against them.

Despite these concerns, the DPK has continued to push forward. Jung said the ruling party, the presidential office and the Ministry of Justice have reached an agreement on the SCIA and PPO acts, and unveiled final drafts.

“The ultimate goal of these measures is to separate the two primary functions of law enforcement: investigation and indictment,” he said at a news conference Tuesday. If enacted, prosecutors would no longer be involved in the former, only the latter.

The legislative process reflects an intensifying power struggle between the DPK and the justice ministry, which is backed by the presidential office. The two sides have sharply differed over prosecutorial jurisdiction.

Politically, the final draft suggests the ruling party got its way. The ministry’s initial proposal sought to preserve key prosecutorial roles, including legal guidance for investigators and requirements that field officers notify prosecutors before launching certain investigations. This stance drew strong opposition from DPK hard-liners, including Reps. Choo Mi-ae and Kim Yong-min, who argued that prosecutors should be stripped of powers they have allegedly abused.

Their position ultimately prevailed. In the final drafts, most prosecutorial responsibilities have been removed. Prosecutors would be limited to deciding whether to indict or dismiss cases referred to them.

As a result, special judicial officers would gain greater influence, potentially increasing the role of the interior minister — who oversees them — relative to the justice minister in legal affairs.

More significantly, the outcome represents a victory for DPK hard-liners over President Lee Jae Myung, who had aligned himself more closely with the Ministry of Justice and expressed dissatisfaction with delays in the legislative process.

The SCIA and PPO acts raise critical questions: How can frontline officers be guaranteed to conduct investigations fairly and without political influence? And who will oversee them if they abuse their authority? The ruling camp will need to address these concerns through additional legislative measures.