By Kim Rahn
Police officers are up in arms over the revision of the Criminal Procedure Code, calling for the annulment of compromise on the issue made Monday between police and the prosecution.
Some officers demand National Police Agency (NPA) Commissioner General Cho Hyun-oh step down, claiming the revision, which would grant police partial autonomy in investigations, virtually gives the prosecution more supervisory rights.
A police inspector at Gyeongnam Provincial Police Agency said in a radio interview Tuesday that officers are very confused.
“Many think the revision will actually strengthen prosecutorial supervision over police, saying it will be a new clause making them ‘slaves’ of prosecutors,” the inspector, Yang Yeong-jin, said.
According to the agreement, police will have partial rights to open criminal investigations into suspects without supervision by prosecutors when there is de facto evidence. Currently, only the prosecution has the mandate to open, supervise and complete probes and then to indict suspects.
The new rule also has articles reinforcing the prosecution’s supervisory rights, stating that police should follow prosecutors’ orders in all investigations.
“Korean prosecutors have almighty rights in investigations, exercising the rights completely on their own. Police officers have no way to cope when a prosecutor’s orders may be improper,” he said.
A police lieutenant staged a one-man rally in front of the NPA building in central Seoul, insisting the agreement should be retracted.
The official, identified as Seo, said, “The investigation rights issue should be dealt with at the National Assembly, not through compromise between the prosecution and police. The agreement is invalid.”
A community of former and incumbent lower-ranking police officers demanded Cho resign.
“The revision will further shackle policemen. We don’t know whether Cho signed up for the agreement because he failed to attain police demands or because Cheong Wa Dae forced him to do so. But in either case, the agreement is invalid and Cho himself should step down to take responsibility,” Jeon Gyeong-su, head of the community, said in another interview.
Police are also protesting about some ambiguous clauses of the agreement.
The most controversial point is what “all” means in the clause, “Police should follow prosecutors’ orders in all investigations.”
Cho said in a press briefing that “all investigation” doesn’t include a secret probe which is carried out before police officially register a case.
“Prosecutor General Kim Joon-gyu and Justice Minister Lee Kwi-nam agreed on this point,” he said, adding if the prosecution is to supervise such secret investigations as well, it will be a breach of the compromise.
But in 2001 the Supreme Court ruled that whether a probe is secret or official depends on the actual investigation details, not on the official registration.
Some high-ranking prosecutors also refuted Cho’s remark, saying the two sides didn’t agree on the investigation scope but only decided to define it later by setting ordinances.
Regarding the row, Prime Minister Kim Hwang-sik urged both the prosecution and police not to cause unnecessary discord by recognizing the agreement from self-centered points of view.
“The agreement has come through long-term consideration and mediation. Both sides should reach another ‘agreement’ on probe procedure and relevant ordinances in the future,” Kim said in a Cabinet meeting in Seoul.