By Na Jeong-ju
The prosecution and police clashed Wednesday over the former’s move to restrict the latter’s investigation rights, reigniting the longstanding conflict between the two law-enforcement bodies.
The Ministry of Justice and the prosecution submitted a joint proposal to the Prime Minister’s Office (PMO) to reduce the scope of police investigations and strengthen the prosecutors’ supervision of them.
Currently, police can open and proceed with investigations without instructions from prosecutors only on certain cases. They can gather intelligence, trace bank accounts, question suspects as well as conduct raids to collect evidence before asking for court warrants to arrest them.
However, the prosecution demands the scope of police investigations be reduced.
“All police operations regarding criminal probes should be directed by prosecutors. That’s the bottom line,” a prosecutor said. “Under our proposal, police can engage only in intelligence-gathering activities without prior instructions from prosecutors.”
The police are fiercely protesting the prosecution’s move, pledging that they will use all available means to protect their rights. They would prefer a Japanese-style law enforcement system where the prosecution and police share investigation rights.
“In Japan, police can open independent probes without the prosecution’s intervention, if they have to,” a National Police Agency spokesman said. “Besides Japan, many other countries are giving stronger investigation rights to the police. We should follow such a trend.”
The PMO is currently receiving proposals from related agencies to update a presidential decree on criminal investigations and lawsuits based on a revision of the Criminal Litigation Law, which was endorsed by the National Assembly in late June.
Under the revised law, the government should clarify the scope of prosecution’s oversight of police investigations in the presidential decree.
Days after the enactment, then-Prosecutor General Kim Joon-kyu resigned in protest, saying any discussions on readjusting investigation rights would weaken the prosecution’s supervision of the police.
The dispute is now entering a new phase as the PMO is stepping up efforts to revise the decree. The police have said they will also submit their own proposal soon. They are expected to call for measures to weaken prosecutors’ supervision and expand their investigation rights.
“The war of nerves between the two sides could intensify in the coming weeks over the amendment of the presidential decree. They are fighting for their own interests,” a PMO official said. “We will complete updating the rules as early as possible after gathering opinions from all related agencies.”