Lawmakers with legal backgrounds from both the ruling and opposition parties are expressing concerns over the recently passed amendments to the Criminal Procedure Law. The amendments, which include the complete abolition of prosecutorial investigation rights and an expansion of grounds for court dismissals, were approved by the National Assembly on July 31 and by the Cabinet on August 4. The new law is set to take effect in October.
On the same day, the People Power Party held an emergency forum in the National Assembly titled 'The Unconstitutionality of Abolishing Prosecutorial Supplementary Investigation Rights and the Call for Presidential Veto,' featuring Rep. Na Kyung-won, a former judge, and Rep. Kim Mi-ae, a former attorney.
During the forum, Rep. Na stated, "The amendment to the Criminal Procedure Law is clearly unconstitutional." She argued that abolishing supplementary investigation rights implies that prosecutors should dominate the entire investigation, which contradicts Articles 12 and 16 of the Constitution and could infringe on the right to a fair trial.
Na further criticized the inclusion of the revised Article 327 (Judgment of Dismissal), claiming that the Democratic Party misinterpreted Supreme Court precedents and that this amendment carries constitutional issues.
Jang Dong-hyuk, also a former judge, referenced a victim of the 'Busan kickback' incident, who appealed to President Yoon Suk-yeol via social media, saying, "Please be on the side of the victims. Please exercise your veto power." Jang remarked, "What better illustrates the essence of this bad law than the reality of citizens pleading for support?"
Independent lawmaker Han Dong-hoon invited the victim of the Busan kickback incident to the National Assembly for an urgent meeting. The incident, which occurred in 2022, involved police initially charging the suspect with serious injury, but supplementary investigations revealed attempted murder and rape.
Han showed a video of the prosecutor questioning the suspect, explaining, "While the police treated it as a simple impulsive act, the prosecutor identified gaps through questioning. This process has been standard for all cases, but now it will be eliminated."
He added, "If a prosecutor requests supplementary investigations regarding a police error, the police will likely respond, 'There’s no problem.' In such a scenario, requests for supplementary investigations will be of no help at all."
Concerns are also emerging from within the Democratic Party. Rep. Kwak Sang-eon, a former attorney, was the only ruling party member to vote against the amendment during the July 31 vote. Another attorney, Rep. Lee So-young, abstained. Following the vote, Kwak posted on Facebook, "I could not make a different choice knowing the suffering that awaits the public."
Justice Minister Jeong Seong-ho, a five-term Democratic Party lawmaker, has also expressed discomfort with the amendments. After the party officially adopted the complete abolition of supplementary investigation rights on July 22, he indicated his intention to resign to President Yoon. At a ceremony for newly appointed prosecutors the day before, Jeong remarked, "It is unprecedented for the Criminal Procedure Law to be amended at such a rapid pace. No one can predict what side effects may arise or how it will function in practice."
Meanwhile, the Democratic Party welcomed the Cabinet's approval of the amendments. Spokesperson Park Hae-cheol stated in a written briefing, "This amendment is a reform that strengthens victim protection compared to the current system. It does not eliminate prosecutorial power but rather disperses it and enhances accountability. What the public desires is a fair criminal justice system where no innocent victims exist."
On the same day, the People Power Party held an emergency forum in the National Assembly titled 'The Unconstitutionality of Abolishing Prosecutorial Supplementary Investigation Rights and the Call for Presidential Veto,' featuring Rep. Na Kyung-won, a former judge, and Rep. Kim Mi-ae, a former attorney.
During the forum, Rep. Na stated, "The amendment to the Criminal Procedure Law is clearly unconstitutional." She argued that abolishing supplementary investigation rights implies that prosecutors should dominate the entire investigation, which contradicts Articles 12 and 16 of the Constitution and could infringe on the right to a fair trial.
Na further criticized the inclusion of the revised Article 327 (Judgment of Dismissal), claiming that the Democratic Party misinterpreted Supreme Court precedents and that this amendment carries constitutional issues.
Jang Dong-hyuk, also a former judge, referenced a victim of the 'Busan kickback' incident, who appealed to President Yoon Suk-yeol via social media, saying, "Please be on the side of the victims. Please exercise your veto power." Jang remarked, "What better illustrates the essence of this bad law than the reality of citizens pleading for support?"
Independent lawmaker Han Dong-hoon invited the victim of the Busan kickback incident to the National Assembly for an urgent meeting. The incident, which occurred in 2022, involved police initially charging the suspect with serious injury, but supplementary investigations revealed attempted murder and rape.
Han showed a video of the prosecutor questioning the suspect, explaining, "While the police treated it as a simple impulsive act, the prosecutor identified gaps through questioning. This process has been standard for all cases, but now it will be eliminated."
He added, "If a prosecutor requests supplementary investigations regarding a police error, the police will likely respond, 'There’s no problem.' In such a scenario, requests for supplementary investigations will be of no help at all."
Concerns are also emerging from within the Democratic Party. Rep. Kwak Sang-eon, a former attorney, was the only ruling party member to vote against the amendment during the July 31 vote. Another attorney, Rep. Lee So-young, abstained. Following the vote, Kwak posted on Facebook, "I could not make a different choice knowing the suffering that awaits the public."
Justice Minister Jeong Seong-ho, a five-term Democratic Party lawmaker, has also expressed discomfort with the amendments. After the party officially adopted the complete abolition of supplementary investigation rights on July 22, he indicated his intention to resign to President Yoon. At a ceremony for newly appointed prosecutors the day before, Jeong remarked, "It is unprecedented for the Criminal Procedure Law to be amended at such a rapid pace. No one can predict what side effects may arise or how it will function in practice."
Meanwhile, the Democratic Party welcomed the Cabinet's approval of the amendments. Spokesperson Park Hae-cheol stated in a written briefing, "This amendment is a reform that strengthens victim protection compared to the current system. It does not eliminate prosecutorial power but rather disperses it and enhances accountability. What the public desires is a fair criminal justice system where no innocent victims exist."
* This article has been translated by AI.
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