South Korea's Cabinet approved an amendment to the Criminal Procedure Act on Tuesday that removes the direct investigative authority of prosecutors [1].
This legislative shift fundamentally alters the balance of power within the South Korean legal system. By separating the act of investigating a crime from the act of prosecuting it, the government aims to prevent the concentration of power within the prosecution service and reduce potential abuses of authority.
President Lee Jae Myung said the move is about "separating investigations from prosecutions" [1]. Lee said that the amendment completely abolishes the prosecution’s direct investigative authority [3]. The administration said the previous system was abnormal and argued that these changes are necessary to normalize the criminal justice process [1, 3].
Justice Minister Jung Sung-ho said the implications of the amendment on Oct. 4 [4]. The transition comes amid significant political tension, as the government seeks to implement a structural overhaul of how criminal cases are handled from the initial inquiry to the courtroom.
Opposition to the measure has been stark. A spokesperson for the People Power Party said the move has "opened the gates of hell" [2]. The opposition party said that stripping prosecutors of their investigative powers could weaken the state's ability to combat complex crimes and lead to systemic inefficiency.
While some reports indicate the amendment passed a National Assembly floor vote, other records specify that the Cabinet approved the measure without the president exercising his veto power [2]. This ensures the law moves forward into the implementation phase despite the fierce resistance from the People Power Party [2].
“Separating investigations from prosecutions”
The abolition of direct investigative powers for prosecutors represents a major shift toward a more fragmented justice system in South Korea. By dividing the authority to investigate and the authority to indict, the government intends to create a system of checks and balances. However, the intense backlash from the People Power Party suggests that the practical application of this law may lead to jurisdictional conflicts between the police and the prosecution, potentially slowing the pace of criminal proceedings.
