Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Korea takes major stride in prosecution reform with passage of bills – Legal Perspective
The Supreme Prosecutors’ Office in Seoul’s Seocho District / Yonhap
Korea has taken a major step in prosecution reform after the National Assembly last week passed two bills that effectively separate the prosecution’s long-held powers to both press charges and conduct investigations.
The two bills were passed on Friday and Saturday, respectively, and aim to create new agencies, with one solely handling indictments and the other dedicated to investigations, subsequently leading to the dismantling of the current prosecutorial office in October.
While contentious issues remain over the grey area of supplementary investigative authority, this legislation brings Korea to the final stage of reform after long-standing debates over the prosecution’s abuse of power.
The debate intensified over the course of the prosecution’s more than seven-decade history, with critics arguing that its control over both investigations and charging decisions violated political neutrality, often acting as a “handmaiden of power.”
“A goal 70 years in the making is finally coming true. My deepest thanks to the people, and to President Lee Jae Myung,” Rep. Jung Chung-rae, chairman of the ruling Democratic Party of Korea (DPK), wrote on Facebook, Saturday, shortly after the passage of a bill to establish a new agency for investigating serious crimes.
The majority-holding DPK secured approval with a 166-1 vote in the 300-member parliament during a plenary session, shortly after the end of a 24-hour filibuster by the main opposition People Power Party, whose lawmakers boycotted the vote.
The new body will work alongside another agency, established by a bill passed Friday, that will hold exclusive authority over indictments.
Most prosecutors will have the choice to join either of the two new agencies, depending on their experience in indictments or investigations, or to leave the organization entirely.
DPK spokeswoman Baek Seung-ah said in a statement, Saturday, “The era of prosecutorial dominance, in which the prosecution stood above the people, is now fading into history.”
“The DPK actively supports the stable establishment of the new indictment and investigative agencies, and will push ahead on remaining reform tasks without wavering,” she added.
Prosecution reform was propelled by the liberal Lee administration after similar efforts by like-minded predecessors repeatedly fell short.
Early reform initiatives begun by the late President Roh Moo-hyun during his 2003-08 term were later continued by President Moon Jae-in, who was in office from 2017-22.
The investigative agency will be responsible for six specific types of crimes, involving corruption, economic offenses, the defense industry, narcotics, treason and foreign aggression, and cybercrime.
Its jurisdiction also specifically covers crimes committed by law enforcement — including from the police, prosecution and judiciary — as well as high-ranking bureaucrats, addressing cases that the current prosecution has been criticized for turning a blind eye to.
Regarding the indictment agency, it will not have the authority to command the police, unlike the current prosecution, and a new rule has been introduced to prevent abuse of power.
The reform will be fully realized once the debate is settled on whether to leave minimal, supplementary investigative powers with the prosecution.
“It is described as the ‘finishing touch’ of prosecution reform,” said Shin Yul, a political science professor at Myongji University, referring to the arguments between DPK hard-liners and members of the legal community.
The former argues that leaving prosecutors with supplementary investigation powers could create a backdoor for them to conduct direct investigations. Meanwhile, members of the legal community contend that such powers are necessary to ensure smooth prosecutions and complete investigations, placing the prosecution in a central, balancing role.
The DPK did not include the issue of supplementary investigation powers in the two bills, and said that discussions have been postponed until after the June 3 local elections.