Top prosecutor renews opposition to reform bills

Prosecutor-General Moon Moo-il speaks to reporters at the entrance of his office at the Supreme Prosecutors' Office in Seoul, Tuesday. / Yonhap

By Kang Seung-woo

Prosecutor-General Moon Moo-il has reaffirmed his opposition to sharing the prosecution's exclusive investigative powers with police, citing the protection of the basic rights of the people.

This was the latest outburst from the top prosecutor expressing opposition to the Cheong Wa Dae-led judiciary reform plan that is aimed at curbing the prosecution's unhampered authority. Moon first expressed his antipathy Wednesday during an overseas business trip.

“The basic rights of the people can be protected under circumstances, where the rights to initiate and close cases are separated and police investigations are under the control of the prosecution,” Moon told reporters Tuesday on the way to his office after shortening his trip.

“The principle must be observed at every state-run investigative organization, including the prosecution. I hope there will be a forum to publicly discuss the judiciary reform bill that can protect the interests of the people.”

The top prosecutor's statements came after two National Assembly committees placed key reform bills on a fast track late last month, including one expanding the powers of the police that will allow them to open and close investigations without needing approval from the prosecution. Under the current law, only the prosecution has the right to close a case.

While still overseas, Moon publicly slammed the bill, describing it as “running counter to the democratic principles of checks and balances.” His criticism, seen as representing the views of his subordinates, caused a strong stir, and he eventually cut short his trip.

The reform bill comes amid continued criticism that the investigative rights of the prosecution are too powerful, often leading to their abuse of power and corruption scandals.

Later in the day, Moon also presided over a meeting with senior prosecutors to discuss the issue and how to express their opinion to the government, the Assembly and the public.

The senior prosecutors voiced concern that the bill, by giving police the right to close cases without sending them to the prosecution, could violate democratic checks and balances, which they claim may eventually undermine the people's fundamental rights.

“The prosecution has taken flak due to the absence of an organization enforcing control over its rights to open and close investigations, but if the bill is passed, police will be empowered with the same rights with no one to keep them in check,” an official at the Supreme Prosecutors' Office said.

“In scenarios where judicial control over police investigations does not work properly, there should be countermeasures. In that respect, a variety of measures need to be discussed about the expansion of the independent investigative authority of the police.”

Moon plans to hold more meetings with senior prosecutors to collect opinions from within the organization before appearing at the National Assembly special committees on judiciary and political reform, if asked.