South Korean Lawmakers Push to Abolish Prosecution Investigation Power

Lawmakers from the Democratic Party are attempting to pass an amendment to the Criminal Procedure Act that would completely abolish the prosecution's supplementary investigation authority.

This move represents a significant escalation in the ongoing struggle over judicial power in South Korea. By removing this authority, the Democratic Party aims to curb what it describes as the risk of judicial abuse by prosecutors, fundamentally shifting how criminal cases are investigated and processed.

The legislative push has centered on the National Assembly's Legislation and Judiciary Committee in Yeouido, Seoul. According to some reports, the proposal was discussed during a full committee meeting on July 15 ^[1], while other records indicate discussions began earlier at a subcommittee meeting on July 10 ^[2]. These conflicting dates highlight the rapid and contentious nature of the legislative process.

As part of the proposed reforms, the Democratic Party has suggested limiting the period for supplementary investigations to within one month ^[3]. This strict timeframe is intended to prevent the prosecution from prolonging investigations indefinitely, a practice the party argues undermines legal certainty.

Opposition from the People Power Party has been stark. Reports indicate that members of the opposition party have boycotted sessions where the abolition of these powers was discussed ^[1]. This political deadlock has stalled a consensus on the scope of prosecutorial authority, leaving the committee divided on whether the power should be fully removed or merely restricted.

Separate from the investigation authority debate, lawmakers have also addressed the duration of special counsel probes. A proposal to extend the period for a comprehensive special prosecutor's investigation by 30 days has also been under consideration ^[2].