South Korea's State Council approved an amendment to the Criminal Procedure Act that abolishes the direct and supplementary investigation authority of prosecutors [1].
The move represents a fundamental shift in the country's legal system by stripping prosecutors of the power to lead investigations. This change aims to curb the concentration of power within the prosecution service and separate the roles of investigating crimes and prosecuting them in court.
President Lee Jae-myung (Democratic Party of Korea) chaired the State Council meeting on July 31 [1]. During the proceedings, Lee said the separation of investigation and prosecution is an inevitable measure for "justice returning to its proper course" [1].
Prosecutors in South Korea have held direct investigation authority for approximately 70 years, a power that dates back to the first enactment of the Criminal Procedure Act in 1954 [1]. The new amendment removes both the primary direct investigation power and the ability to conduct supplementary investigations [1].
By removing these authorities, the government intends to redistribute legal power and implement a system of checks and balances. The ruling Democratic Party of Korea has long pushed for this structural reform to prevent the potential for prosecutorial overreach.
Lee said the measure is a necessary step to ensure that the legal system operates fairly. The decision follows a period of intense debate regarding the role of the prosecution in South Korean society and its influence over the political landscape [1].
“The separation of investigation and prosecution is an inevitable measure for justice returning to its proper course.”
This legislative change dismantles a decades-old pillar of the South Korean legal system. By stripping prosecutors of their ability to both investigate and indict, the government is attempting to reduce the monolithic power of the prosecution service, which has historically been a center of significant political and legal influence in the country.
