As discussions intensify over revisions to the Criminal Procedure Law ahead of the October dissolution of the prosecution office and the launch of the Public Prosecution Service and Serious Crimes Investigation Agency, the Lawyers for a Democratic Society (Minbyun) emphasized the need to focus on human rights and the realization of victims' rights rather than power struggles among institutions.
On July 7, Minbyun expressed support for the ongoing discussions in the National Assembly regarding the Criminal Procedure Law revisions, while also releasing the results of a survey conducted from June 30 to July 3, in which 403 members participated, to contribute to the legislative discussions.
Notably, Minbyun chose not to present a unified agreement on specific issues such as supplementary investigation rights or the transfer of cases, opting instead to reflect the diverse opinions of its members. This decision breaks from the tradition of seeking a single proposal in reform legislation and aims to encourage social deliberation.
Minbyun stated, "For the new judicial institutions to settle without trial and error, a sophisticated system design is essential," urging the National Assembly to remember that this process should not be a power struggle among institutions. It called for a framework that allows the Public Prosecution Service, Serious Crimes Investigation Agency, police, and the Corruption Investigation Office for High-ranking Officials to maintain checks and balances. It clarified that the task of controlling prosecutorial power and concerns about victim protection due to delays in investigations are not opposing values.
The organization emphasized the importance of guaranteeing the rights of crime victims. Minbyun acknowledged that while past prosecutorial reforms have succeeded in curbing the abuse of power by investigative agencies, they have fallen short in addressing the alienation and suffering victims experience in judicial processes. It pointed out that the constitutional right of victims to make statements in court remains at a level akin to that of mere witnesses.
To address these issues, Minbyun proposed four specific measures to the National Assembly. First, it called for mandatory notifications regarding the progress of investigations to enhance victims' right to know and to ensure access to records. It also suggested allowing victims to attend court hearings to express their opinions on both the extent of their suffering and the charges against the accused, with a requirement for these statements to be reflected in sentencing.
Furthermore, Minbyun advocated for the universal expansion of appeal procedures to grant complainants the right to challenge inadequate investigations and arbitrary decisions not to prosecute. It also proposed establishing a 'victim participation system,' similar to that in France, to grant victims the status of parties in court proceedings, thereby enhancing oversight of prosecutorial actions and restoring trust in the judiciary.
Minbyun asserted, "Revising the Criminal Procedure Law is a historic opportunity to elevate the level of human rights in South Korea, regardless of political advantages or disadvantages," and strongly urged the National Assembly and government to listen to voices from the field to build a just judicial system that ensures the coexistence of defendants' rights and the restoration of victims' rights.
Meanwhile, discussions on the Criminal Procedure Law revisions are actively underway in the National Assembly ahead of the October launch of the Public Prosecution Service and Serious Crimes Investigation Agency. The ruling Democratic Party and the Justice Innovation Party are leading the proposed amendments, which are being discussed primarily in the Legislation and Judiciary Committee.
The proposed amendments focus on abolishing the supplementary investigation rights of the prosecution, with final discussions ongoing regarding whether to fully or partially abolish these rights. Discussions are also taking place regarding the timing of the amendments, with the Justice Innovation Party urging the ruling party to expedite the process before the Constitution Day on July 17.
* This article has been translated by AI.
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