The Democratic Party has introduced a new amendment to the Criminal Procedure Act that would completely abolish the prosecution's power to conduct supplementary investigations [1, 2].
This legislative push represents a significant shift in the balance of power between South Korean prosecutors and other investigative agencies. By removing the prosecution's role as a primary investigative body, the bill seeks to redefine the legal framework governing how crimes are investigated and prosecuted in the country [2, 4].
Rep. Kim Han-gyu, the Democratic Party's senior deputy floor policy chief, said the amendment organizes clauses across the Criminal Procedure Act that previously identified prosecutors as the primary subjects of investigation [2]. The goal is to transition the authority of supplementary investigations to other agencies, such as the police, while strengthening the power to request corrections or re-investigations [1, 4].
To prevent potential delays in the legal process, the proposal includes a specific timeframe for these requests. A report indicated that the deadline for requesting a supplementary investigation would be set at one month [1].
Prime Minister Kim Min-seok said the government has finalized its basic position to abolish the prosecution's supplementary investigation powers [3]. However, reports from the Seoul Shinmun suggest a lack of total consensus, noting that disagreements remain between the party and the government regarding whether "exceptional allowances" should be permitted [5].
In response, members of the People Power Party have mobilized to block the legislation [1, 2]. The opposition party is launching a comprehensive offensive to stop the bill from passing through the National Assembly, arguing against the removal of these investigative tools [1].
“The Democratic Party has introduced a new amendment to the Criminal Procedure Act that would completely abolish the prosecution's power to conduct supplementary investigations.”
This legislative battle reflects a deeper systemic conflict over the 'investigative-prosecutorial' divide in South Korea. If passed, the bill would strip prosecutors of their ability to directly gather evidence during supplementary phases, effectively turning them into legal reviewers rather than active investigators. The tension between the Democratic Party's push for reform and the People Power Party's resistance suggests that the judiciary's operational structure remains a primary political flashpoint, with the potential to slow down case processing times if the transition to police-led supplementary investigations is not seamless.
