The recent 'Jang Yoon-ki case' has brought the debate over the abolition of prosecutors' supplementary investigation rights to the forefront of national discourse. The prosecution uncovered the full extent of a crime that the police had attempted to conceal, raising fundamental questions about the direction of reforms in the criminal justice system. If the prosecutors' supplementary investigation rights were completely abolished and they could only make formal 'requests' on paper, the brutal truths of the defendant's crimes might have remained forever hidden. This incident starkly illustrates the dangers of reforms that are solely focused on the mechanical adjustment of powers among government agencies.
On July 12, Lee Seok-yeon, chair of the Presidential Committee on National Integration, joined the debate over the abolition of prosecutors' supplementary investigation rights. He stated, "The complete abolition of prosecutors' supplementary investigation rights is unconstitutional." He pointed out that Articles 12 and 16 of the Constitution of the Republic of Korea specify the prosecutor's authority to apply for warrants necessary for compulsory investigations. Therefore, completely stripping prosecutors of their supplementary investigation rights through subordinate legislation would violate the constitutional principle of 'systemic legitimacy.' He argued that supplementary investigation rights must be maintained in any form to uphold the constitutional values of discovering substantive truth and protecting citizens' rights.
More concerning is the fact that even within the ruling Democratic Party, which is responsible for governance and legislation, there is no consensus on this issue, leading to intense internal debate. Ahead of the party convention, the leadership and hardline members are pushing for abolition under the banner of 'prosecutorial reform,' while some moderate members express serious concerns about the judicial vacuum that hasty legislation could create. The ruling party, which bears infinite responsibility for governance, is acting irresponsibly by using a rough draft of legislation as a political tool without even reconciling internal differences.
Legal experts have continuously warned about the specific adverse effects that the abolition of supplementary investigation rights could bring. If prosecutors cannot directly investigate when police inquiries are insufficient and must merely submit requests in writing, significant delays in judicial procedures are inevitable. The worst-case scenario could see serious criminals released due to expired detention periods or crucial evidence destroyed while documents are exchanged between the two agencies. Ultimately, the legal vacuum created by severing the organic connection between prosecutorial and investigative powers would severely weaken the state's ability to respond to crime.
Moreover, despite being a critical reform of national institutions directly related to citizens' lives and property rights, the social discourse surrounding this issue has been woefully inadequate. Legislation without broad input from academia, the legal community, and the general public will inevitably lead to serious judicial gaps, with the structural flaws disproportionately affecting innocent citizens and crime victims. The national criminal justice system is not a political trophy and cannot be prioritized over its inherent value as a safety net for the public.
As Lee Seok-yeon warned, the complete abolition of supplementary investigation rights not only carries significant constitutional risks but also represents a serious regression in judicial justice. The ruling Democratic Party must immediately halt its unilateral legislative push and calmly reconcile internal disagreements. Furthermore, it should activate a large-scale social discourse mechanism involving the National Assembly, judiciary, prosecution, police, and academia to seek reasonable alternatives that align with the public's expectations. It is imperative to stop policies that endanger citizens while insisting on reforms that lack substance.
* This article has been translated by AI.
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