Calls to Retain Supplementary Investigation Authority Amid Prosecutorial Reforms

As South Korea approaches the establishment of the Prosecutorial Office and Serious Crimes Investigation Office in about 100 days, legal experts are advocating for the retention of supplementary investigation authority during the revision of criminal procedure laws. At the same time, Prime Minister Kim Min-seok stated during a briefing at the Government Seoul Complex that the fundamental principle of prosecutorial reform is the separation of investigation and prosecution, emphasizing the need to abolish supplementary investigation authority.

The Legal Training Institute and the Criminal Justice Policy Institute convened the 11th Criminal Justice Forum on June 25 at the L Tower in Yangjae-dong, Seoul, to discuss the contents and challenges of the proposed Prosecutorial Office and Serious Crimes Investigation Office legislation.

During the forum, legal panelists highlighted the issues with the proposed legislation while insisting that supplementary investigation authority should be maintained. This authority allows prosecutors to return cases to the police for further investigation if necessary.

Jang Jun-ho, chief prosecutor at the Gangneung branch of the Chuncheon District Prosecutors' Office, stated, "We need to clarify the truth by uncovering the true perpetrator, accomplices, or additional crimes that the police may have missed, and to promptly clear wrongly charged suspects. This requires clear regulations on evidence collection. Prosecutors should be allowed to conduct supplementary investigations directly."

Cha Jin-ah, a professor at Korea University Law School, described supplementary investigation authority as a minimal safety measure. He warned that if this authority is ultimately not recognized, the Prosecutorial Office would have no choice but to mechanically prosecute cases investigated by the police, which could lead to a significant increase in conviction rates in criminal trials.

Lee Chang-hyun, a professor at Hankuk University of Foreign Studies, noted that the Constitution grants only prosecutors the right to request warrants, and that the Constitution recognizes prosecutors' authority to exercise investigative powers directly or through oversight. He argued that it is unacceptable to deny prosecutors supplementary investigation authority, pointing out that Article 4 of the Prosecutorial Office Act states that "prosecutors perform duties necessary for deciding whether to initiate and maintain prosecutions," which includes supplementary investigations.

Han Sang-hee, a professor at Konkuk University Law School, emphasized the need to provide prosecutors with opportunities for evidence collection and fact-finding to bridge the gap in proving "the suspicion of a crime and the possibility of a guilty verdict beyond a reasonable doubt." He added that without supplementary investigation authority, the victims would primarily be ordinary citizens affected by crimes such as extortion, fraud, and voice phishing.

Meanwhile, Prime Minister Kim reiterated during the briefing that the fundamental principle of the prosecutorial reform being pursued by the Lee government is the separation of investigation and prosecution. He explained that the government's basic stance is that supplementary investigation authority should be abolished to more rationally redefine prosecutorial powers and better protect citizens' fundamental rights.