South Korea has amended the Criminal Procedure Act to abolish the authority of prosecutors to conduct direct supplementary investigations [1].
The reform shifts the balance of power between the judiciary and law enforcement. By removing this specific investigative power, the government aims to curb the perceived abuse of authority by prosecutors and increase the accountability of the police force.
Under the new rules, the right for prosecutors to demand supplementary investigations has been strengthened [1]. To ensure compliance, the amendment introduces disciplinary actions or job-exclusion measures for police officers who refuse to carry out these requests without justification [1].
Political reactions to the change remain sharply divided. Members of the ruling party said the amendment is a much-improved law [1]. Conversely, opposition party members said the measure is the worst bad law [1].
Critics argue that the new system will create an inefficient loop of bureaucracy. Park Hyung-soo, a staff member for the People Power Party legal affairs committee, said that cases will take a very long time because of the procedure where files go down to the police and then back up [1].
Opponents of the reform further suggest that the law cannot prevent organized concealment of evidence. They cited the Jang Yun-gi case as an example of how systemic failures can persist despite new mandates [1]. While pro-government voices maintain that strengthened demand rights will ensure police compliance, skeptics said the effectiveness of these disciplinary measures is doubtful [1].
““The worst bad law””
This legislative shift represents a continuing effort in South Korea to decouple investigative and prosecutorial powers. By forcing a stricter hand-off between the police and prosecutors, the state is attempting to implement a system of checks and balances. However, the risk of 'ping-pong' delays—where cases are bounced between agencies—could slow the judicial process and potentially allow evidence to be suppressed if police departments engage in organized concealment.
