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It is a law of investigation of police and prosecutors.
Expanding the scope of direct prosecution investigation violates the purpose of ‘prosecution reform’
Even with persistent opposition … Government enforcement environment
On the 2nd, members of the Korea Civil Service Workers ‘Union (KCTU) and members of the State Civil Service Workers’ Union held a press conference calling for the amendment of the Presidential Decree of the Criminal Procedure Law and the Law on the Prosecutor’s Office in front of the Gwacheon Government Complex. [이미지출처=연합뉴스]
Delivery of opinions to the police committee and academic circles … “The reform of the prosecution fades”
On the 4th, the National Police Commission issued an opinion requesting the problems and modifications of the legislative proposal of the Execution Decree of the Criminal Procedure Law ‘Regulation of mutual cooperation between prosecutors and judicial police and general investigation rules’ and the Decree of Execution of the Law of the Public Ministry ‘Regulation on the scope of criminal investigations initiated by prosecutors’. And the Ministry of Justice, the Ministry of Public Administration and Security, the Ministry of Legislation and the National Assembly.
The National Police Commission is an administrative body of consensus belonging to the Ministry of Public Administration and Security that deliberates and decides on the main police policies, and is in charge of the democratic control of the police administration. The academy, legal circles, the media and civic groups participate in it, and it is made up of 7 members including the president. Since the National Police Commission is in charge of making the final decision on police policy, it has never sent a direct message to the outside world on police-related matters. This is the reason why this opinion is evaluated to be very unusual.
On the same day, the Korea Police Association, the Education Council for Police Studies, and the Korea Police Research Association submitted an opinion letter urging the review of the executive decree to the National Legislative Participation Center. and the Ministry of Justice. Even the society that studies the related policies sees that there is a problem with the legislative notice.
Earlier on the 2nd, members of the Korea Civil Service Workers’ Trade Unions (KFTU) and the national civil service unions held a press conference to urge the revision of the preliminary draft law of the Presidential Decree of the Criminal Procedure Law and the Prosecutor’s Law in front of the Gwacheon government office. He also made a position and made the same argument. In particular, in the internal police network, police officers active on the ground also staged relay picket demonstrations. Literally, resistance to the enforcement ordinance related to adjusting investigative power is increasing from within and outside the police.
On the 21st, the government announced a proposal to adjust the right of investigation of the prosecution and the police, with the aim of giving up the first right of investigation and the right to terminate the police. The relationship between the prosecution and the police changes from a vertical relationship to one of mutual cooperation, and direct investigation by the prosecution is limited to areas where it is absolutely necessary. On this day, a police officer stands in front of the police office in Seodaemun-gu, Seoul. / Reporter Moon Ho-nam munonam @
Police and prosecutor investigation rules, ‘Supervised exclusively by the Ministry of Justice’ … Rather, increase inspection authority
Adjusting the power of the prosecution and the police investigation was a national task of the Moon Jae-in administration. Shrinking the expanded judiciary is the most important key. However, criticisms continue to be raised that the ordinance implementing the right to control the investigation does not adequately contain the purpose of said reform.
First, it is pointed out that the biggest problem is that the investigation rules that apply to both the police and the prosecutors are regulated only by the Ministry of Justice. Although the relationship between the police and the prosecution is defined as one of “mutual cooperation” under the revised law, it is a regulation that, in fact, has the strange result of being subordinate to the Ministry of Justice. The police is an agency external to the Ministry of Public Administration and Security, and is a state agency with no direct relationship with the Ministry of Justice. Lee Sang-hoon, president of the Korea Police Association (a professor at Daejeon University), criticized that “the authority to interpret the execution ordinance rests with the competent department” and that “investigative practices are inevitably operated from according to the taste of the Ministry of Justice “. In the opinion of the Police Commission, it is also concerned that “if the Ministry of Justice is supervised solely, it may violate the authority of the police commission to deliberate and vote.”
The scope of the prosecutor’s direct investigation includes the provisions for prosecutors to investigate drug and cyber crimes beyond the six main offenses stipulated in the Prosecution Law, and the part that allows prosecutors to directly investigate all cases at all times. that they be issued a seizure and search warrant. There are also criticisms that it goes directly against the purpose of the prosecution reform by expanding it.
Eung-Ryeol Choi (professor at Dongguk University) said: “The Enforcement Ordinance has created a new tax authority that is not in the law, which exceeds the limits of the mandate legislation.” “Although it is permitted, the execution decree even stipulates the right to request the repatriation of prosecutors who arbitrarily stop the police investigation.” He added: “This is a regulation that neutralizes the primary right of the police to terminate the investigation and the subjectivity of the investigation, so it should be eliminated.”
Kim Chang-ryong, Head of Police Agency / Reporter Kang Jin-hyung, aymsdream @
Execution decree against the reform of the prosecution service … How it was carried out
The original purpose of the current government prosecution reform was to reduce the authority of the prosecutor and faithfully to its original role of maintaining prosecution and prosecution. However, according to the decree, the purpose of this guy largely faded. In fragmentary terms, the subject of direct investigation by the prosecution appears to have narrowed, but if you look at the actual content, the way has been opened for the prosecutor to proceed directly to the investigation. This is the reason why various interpretations of the bill are unavoidable. There is also an interpretation of the Ministry of Justice, who has been in conflict with the prosecution, as a “ dalegi-yong ”, while the Attorney General Yoon Seok-yeol, who has been constantly confronted after the inauguration of the Justice Minister Chu Mi-ae, has virtually become a “ plant president ” through the staff of prosecutors. There is also the view that this is because the reform power in the prosecution has weakened as the company takes office. If the enforcement ordinance for the adjustment of investigative power is implemented as it is in current legislation, it is likely that it will face criticism for the “half-round” prosecution reform.
Despite the voices of criticism about the ordinance implementing the adjustment of investigative power, the Ministry of Justice and the Blue House have not taken any other position. In fact, it can be interpreted in the sense that it will enforce current legislation. The police are in a position to make every effort to amend the implementing ordinance within the legislative notice period. Police Commissioner Kim Chang-ryong said at a recent press conference: “The revised law turns the police and the prosecution into a mutually cooperative relationship and aims at an investigation structure in which the principle of ‘ control and balance ‘”. To implement it, we will actively collect feedback during the legislative notice period and do our best to follow up so that the enactment can be reflected. “
Reporter Lee Kwan-joo [email protected]
