Row deepens over investigation rights
Prosecution vs. police
By Kim Rahn
The prosecution and police are on a head-on collision course over the rights to initiate investigations, with the National Assembly moving to write a bill to empower the police amid a dispute over reforming the prosecution.
Police are demanding that a clause should be included in the law governing the Supreme Prosecutors’ Office to give them a mandate to initiate investigations independent of the prosecution.
They are also calling for the abolishment of the clause in the law obliging them to investigate under the supervision of prosecutors as stipulated in the Criminal Litigation Law.
The escalating conflict comes as the bipartisan task force for judicial reform tentatively agreed on the need to revise related laws.
Currently, only prosecutors have the right to launch, supervise and complete investigations and then to indict suspects.
The task force has decided to establish a clause allowing police the independent right to launch investigations, while maintaining the prosecution’s right to supervise it.
In reality police begin inquiries without a prosecution order when needed, but they are demanding the right to do so be stipulated by law.
The task force will also abolish a clause which stipulates police are obliged to “obey” prosecutors.
It plans to submit the revision bill to the National Assembly this month, which the prosecution strongly opposes.
To reflect the government’s opinion, the task force asked the Prime Minister’s Office to submit proposals on the issue after the latter mediates the differences between the prosecution and police.
Different opinions prevail
However, despite the intervention of the Prime Minister’s Office, police and prosecutors show no signs of compromise.
In a meeting Thursday presided over by Rim Chae-min, chief of staff to the office, police demanded the stipulation of a clause recognizing their right to launch investigations, something the prosecution object to.
If the two sides can’t reach a compromise, the office may submit each side’s opinion to the task force.
Police generally welcome the move, saying they have had difficulty in processing investigations as they have to receive prosecutorial consent for each step of the process. National Police Agency Commissioner General Cho Hyun-oh recently said, “Too many restrictions on a big organization such as the police will only damage citizens.”
The prosecution note that police can begin investigations on criminal cases, but complain that if they are given independent rights they will launch probes into election law offences, illegal strikes and National Security Law violations.
Prosecutors of the Seoul Southern District Prosecutors’ Office met with Prosecutor General Kim Joon-gyu and voiced their opposition, saying, “The revision will remove prosecutors’ right to supervise investigations and harm the ability of law enforcement authorities to protect people’s human rights.”
Other district and regional prosecutors’ offices have held similar meetings since.
The latest clash between the prosecution and police came days after a bill to remove the Central Investigation Department at the Supreme Prosecutors’ Office as part of moves to reform the prosecution was halted by the National Assembly Justice Committee.
The move to disband the key investigation unit was thwarted in the wake of strong protests from the prosecution. Opposition lawmakers have claimed that the unit has unfairly investigated politically-sensitive cases.