The realization of ‘examination’… Election crimes with the prosecution reserved until the end of the year

2nd major crime ‘Corruption/economic crime’ decision
尹 Blocking the possibility of bypassing government enforcement ordinances

Recognition of supplementary investigation by the prosecution, such as cases sent to the police
Investigation is strictly prohibited

Deputy Minister of Justice Kang Seong-guk (right) and Deputy Chief of Court Administration Kim Hyung-doo attended the Legislative Judiciary Committee held at the National Assembly on the 26th and had a conversation before the start of the meeting. / Reporter Yoon Dong-ju [email protected]

湲 蹂肄

[아시아경제 문채석 기자] On the 26th, a specific legislative bill for the separation of prosecution investigations and prosecutions promoted by the Democratic Party of Korea, the so-called ‘completely deprived of the prosecution’s investigative powers’, was revealed on the 26th. The Democratic Party voted to amend the Prosecutor’s Office Act and the Criminal Procedure Act in the absence of the people’s power at the first subcommittee of the Judiciary Committee’s bill review that afternoon.

The amendment decided on the same day was made by reflecting the mediation opinion of the Judiciary Committee based on the agreement reached by the Democratic Party and the power of the people through mediation by National Assembly Speaker Park Byeong-seok on the 22nd. The People’s Power demanded renegotiation, but the Democratic Party defined it as a breach of the agreement and took it after a few modifications. In the process, the Justice Party’s proposal was partially accepted.

The amendment to the Prosecutor’s Office Act, which passed through the Democratic Party’s amendment and passed by the second lieutenant, first strictly limited the types of crimes that could be directly investigated during the prosecutor’s duties to two types: corruption and economic crimes. In particular, it was stipulated that investigational crimes should be defined as “corruption crimes and economic crimes” rather than “corruption crimes, economic crimes, etc.” It is interpreted that the Yoon Seok-yeol administration completely blocked the possibility of adding the scope of the investigation in a detour, even through the enforcement ordinance.

In relation to corruption and economic crime investigations, the Democratic Party also put in a regulation that the prosecutor general should report to the National Assembly on a quarterly basis the current status of the direct investigation department of the front-line prosecutor’s office and the prosecutors and investigators affiliated with it. The Democratic Party explained that it is a provision for the National Assembly to monitor the implementation of the agreement between the ruling and opposition parties to reduce the number of the current five anti-corruption force investigation departments to three in order to reduce the total amount of direct investigation by the prosecution. There is no way to enforce this by law.

In addition, the Democratic Party decided to leave the election crimes in the prosecution until December 31 of this year among the four crimes (public officials, elections, defense projects, and catastrophes) that were decided to be removed by the police through an agreement. This is an acceptance of the Justice Party’s proposal, which was not in the original agreement. In order to dispel suspicions that the removal of the prosecution’s right to investigate election crimes is ‘for the bulletproof use of the political powers’, the purpose is to retain the prosecution’s authority to investigate election crimes until the end of this year, when the statute of limitations (6 months) for the June 1 local election expires. It is also interpreted as a stepping stone to obtain cooperation from the Justice Party in the future filibuster (obstructing legal proceedings through unlimited discussion) and voting in favor of or against bills.

The Democratic Party has also put in place a regulation that partially recognizes the prosecution’s supplemental investigative powers even in cases sent by the police. This can be interpreted as reflecting the arguments of the prosecution and the people’s power to some extent. However, at the same time, the scope of the investigation was limited to ‘the range that does not impair the unity and identity of the case’, focusing on blocking the investigation of separate cases. The amendment to the Criminal Procedure Act also states, “For the purpose of revealing the criminal charges of the case under investigation, a separate case must not be investigated unreasonably without reasonable grounds, and confessions or statements of unrelated cases must not be forced with evidence or data obtained from other cases. ” has been inserted. It is a clause with the declarative meaning of prohibiting investigations into separate matters.

Regarding the separation of investigation and prosecution, the Democratic Party has introduced a new regulation stipulating that “a prosecutor cannot be involved in prosecuting a crime that he has initiated an investigation.” Initially, the Judiciary Committee proposed a clause that would prevent the prosecutor who investigated through the mediation plan from performing the ‘duties necessary for filing and maintaining the prosecution’ in the case, but deleted the expression related to the maintenance of the prosecution. This is in response to the concerns of the Court Administration that “if an investigative prosecutor participates during a criminal trial, the trial may become invalid.”

The Democratic Party has decided to maintain the existing criminal procedure law, which broadly defines the person with the right to object as a ‘complainant, etc.’ The Judiciary Committee’s mediation opinion narrowed it down to ‘the complainant’, but reflected the concern that in this case, the right to object will be taken away from the victim or his/her legal representative.


By Moon Chae-seok, staff reporter [email protected]


Source: 아시아경제신문 실시간 속보 by www.asiae.co.kr.

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