On July 31, the National Assembly passed an amendment to the Criminal Procedure Law, led by the ruling party, which abolishes the prosecutorial power of supplementary investigations. This marks the end of a 78-year era of prosecutorial investigative authority in South Korea, which has been in place since the establishment of the government.
According to legal sources, the amendment will be promulgated after approval by the Cabinet and is set to take effect on October 2, when the prosecution will be restructured into the Public Prosecution Service and the Serious Crimes Investigation Agency. Starting in October, all cases will be investigated by judicial police officers (police and the Serious Crimes Investigation Agency) and the High-ranking Officials Crime Investigation Agency, while prosecutors will only be able to request supplementary investigations.
However, legal experts are already expressing concerns about potential negative consequences. Without direct investigative powers, it will be extremely challenging for prosecutors to prove the truth of charges based solely on existing case records and court hearings.
When defendants present new evidence, alibis, or entirely different facts during the trial, additional field investigations, account tracking, or searches are essential to counter these claims. Without the ability to conduct investigations, prosecutors may struggle to respond effectively to new allegations or defenses, relying solely on previously submitted documents, which could lead to losing the upper hand in court.
Moreover, direct evidence presented in court carries significantly more weight than written case records. If witnesses change their testimonies or if the defense undermines the credibility of their statements through rigorous cross-examination, prosecutors may find it difficult to convince judges of the truth of the charges based solely on written records, especially if they have not participated in the investigative process or conducted supplementary investigations. This could make it very difficult to prove the truth of charges relying only on existing case records when faced with strong defenses from the accused.
The newly introduced right to request supplementary investigations, replacing the abolished supplementary investigative powers, is also expected to be contentious. Generally, police will investigate all crimes, but six major crimes (corruption, economic offenses, defense business, drug-related crimes, national security, and cyber crimes) will be handled by the Serious Crimes Investigation Agency, while high-ranking officials' crimes will be primarily investigated by the High-ranking Officials Crime Investigation Agency. If the investigative agency recognizes criminal allegations and refers the case, but the prosecutor believes there is insufficient evidence for prosecution, they can request a supplementary investigation.
The agency receiving the request must complete the supplementary investigation within one month, and if approved by the prosecutor, within two months, and then re-refer the case. However, if the Public Prosecution Service deems the investigation insufficient, they can request further supplementary investigations without any limit on the number of requests, raising concerns about prolonged cases. Additionally, with many cases assigned to a single judicial police officer, it remains uncertain whether supplementary investigations can be completed within one to two months.
A lawyer in Seocho-dong stated in a conversation with Aju Economy, "Extreme confusion is expected. No one knows how severe the impact will be. While the police will do their best, they are likely to lack the investigative capabilities for economic and financial crimes such as technology theft, large-scale financial fraud, and stock manipulation, as they have not handled such cases before, and frontline officers are reportedly apprehensive about taking on economic crime cases."
Concerns are also being voiced by academics and civic groups. The Korea Sexual Violence Counseling Center and the Women’s Rights Committee of the Lawyers for a Democratic Society issued a statement after the amendment's passage on July 31, criticizing that "the burden of contesting procedural flaws in investigations has been shifted to victims, and measures to ensure victims' rights, such as notification of investigation progress, pre-indictment opinions, and victim participation in trial stages, have not been reflected."
Professor Park Chan-woon, who served as the advisory chair of the Prosecutorial Reform Promotion Committee, predicted on Facebook, "It is highly likely that the Constitutional Court will soon decide the fate of the Criminal Procedure Law. Many prosecutors are expected to file a constitutional complaint seeking early amendments to the law." Additionally, 62 scholars specializing in criminal law, including Professor Ko Myung-soo from Seoul National University, issued a statement on July 30, asserting that "the prosecutor's supplementary investigative powers should be maintained as a means to control and supplement police investigations."
In the political arena, concerns continue to be raised, particularly by the opposition. The People Power Party, which has opposed the bill, is preparing additional legal measures, including a constitutional complaint, and held a Supreme Committee meeting in front of the Blue House, urging President Yoon Suk-yeol to exercise his veto power. Party leader Jang Dong-hyuk stated, "When the amendment abolishing supplementary investigative powers was declared passed, it was a death sentence for South Korea. Despite widespread opposition from the legal community and the public, the Democratic Party insists that it is a better law."
In contrast, acting Democratic Party leader Han Byeong-do emphasized, "With the amendment to the Criminal Procedure Law, prosecutors will focus on filing and maintaining charges, while investigations will be entirely handled by investigative agencies. This prevents investigative agencies from passing cases back and forth and strengthens the protection of victims' rights," urging the opposition to cease political attacks.
* This article has been translated by AI.
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