Why do prosecutors protest so fiercely?

Passage of bill expected to trigger fresh round of strong resistance

By Park Si-soo

With the National Assembly passing a revision to the Criminal Procedure Code Thursday that gives police more rights to open independent investigations, prosecutors are expected to step up protests against what they see as a move to weaken their control.

From Prosecutor General Kim Joon-gyu to young district prosecutors, the entire prosecution is venting its fury over the lawmakers’ actions.

The passage of the revision came one day after senior prosecutor Hong Man-pyo of the Supreme Prosecutors’ Office and four other senior prosecutors tendered their resignations in what was seen as a collective protest against the bill. Prosecutor General Kim is reportedly considering offering to resign early next week to support the move.

Junior prosecutors are also poised to take collective action against the revision, which they claim “undermines prosecutors’ independence of investigations.” Their frustration reached boiling point after the National Assembly Legislation and Judiciary Committee modified a clause to favor police in the process of endorsing it Tuesday.

The modified clause says a presidential decree will list details on the prosecution’s oversight of police investigations. Originally, the details were supposed to be listed in a justice ministry order.

Prosecutors believe that the change will require them to seek consent from other ministries and the police over key policy-setting procedures.

With the prosecution currently under the Ministry of Justice, the prosecution can make a key decision on the oversight of police investigations on its own if the matter is under the order.

Under political influence?

But should the oversight of police investigations be governed by presidential decree, the prosecution will be obliged to include police opinion in its decision-making process.

“We originally wanted the details on the prosecution’s supervision of police probes to be stipulated by a justice ministerial order to highlight that the President doesn’t interfere with criminal investigations,” a senior prosecutor said, declining to be named. “The bill will pose a grave threat to prosecutors’ political independence and their investigative leadership over police as we will be required to seek consent from the latter.”

A prosecutor called the passage “shameful,” and “frustrating” in an Intranet article. “This is an extremely shameful moment for the prosecution,” he said. “How has the prosecution become so weak to be treated like this?”

Kang Chan-woo, a senior researcher on investigation leadership, said, “Given the nature of a presidential decree that requires agreement among Cabinet members to take effect, it will be difficult for the prosecution to have the same level of investigative leadership over police, while police officers will have more freedom in performing investigations.”

So far, only the prosecution has the mandate to open, supervise and complete investigations and then indict suspects.

Kim Hae-woong, a spokesman for the justice ministry, said in a message posted on Facebook, Thursday, “It’s essential to protect prosecutors from political influence. With details to be listed in a presidential decree, an investigation could be vulnerable to influence from the President and political power.”