By Kim Rahn
The nation’s chief justice is moving to make the issuance of arrest warrants conditional on bail being offered, but is facing strong opposition from the prosecution.
The conflict is looming after new Supreme Court Chief Justice Yang Sung-tae said the nation needs to introduce a bail-linked arrest warrant during a meeting with reporters on Sept. 27 after his inauguration.
“The principle to minimize warrant issuance should be kept. If we impose conditions for bail when issuing a warrant, we may be able to investigate suspects efficiently and protect their right of freedom at the same time,” Yang said.
According to the planned system, the court will issue an arrest warrant but can allow the suspect to go free on bail, or order house arrest or a ban on contact with other figures involved in the case.
If the suspect meets certain conditions, they can be questioned and put on trial without physical detention.
However, prosecutors claim the system will only benefit the rich, and raise difficulties in investigations. Judges, on the other hand, say it will help prevent the abuse of arrest warrants.
At a session of the National Assembly earlier this month, Prosecutor General Han Sang-dae said it was not right to adopt conditional warrant issuance without adopting another system in which prosecutors can appeal to a high court when a lower court rejects a warrant request.
“People may recognize that those with money can avoid arrest,” Han said.
But National Court Administration Minister Park Ill-hoan said the system has already been discussed, indicating that the justice ministry will seek to adopt it.
On the concern that only the rich may benefit, Park said, “Bail doesn’t necessarily mean a large amount of money, and some may be released on a small sum with other strict conditions.”
Jeong June-guil, senior spokesman of the Korean Bar Association, was negative about the system.
“It has positive aspects. But it is highly likely to favor only the rich. Eventually it will be a matter of how much discretionary power each judge will be given. A negative and unfair result may come if judges have the power to decide on the conditions without any restriction on their authority.”
He added the association may make an official comment on the issue if the conflict over it grows.
Rep. Lee Jung-hyun of the Grand National Party also said at an Assembly session, “Even now, rich people escape heavy punishment by hiring judges-turned-lawyers to whom incumbent judges tend to give favorable rulings. Such people are also easily allowed special interviews at jails, bail due to ‘health reasons,’ and parole. If only the rich get benefits like this, the conditional warrant issuance system should not be adopted however good its purpose is.”