Leaders of the Democratic Party of Korea and lawmakers on the Legislation and Judiciary Committee are split over a bill to abolish the prosecution service and create a Serious Crimes Investigation Agency with investigative powers and a Public Prosecution Service with indictment powers. After the Democratic Party of Korea balked at the first government plan, a second government plan reflecting the party's platform was released. Unlike the party leadership, which wants to pass the second plan as is, lawmakers on the committee say it still has many problems. In political circles, some say there is a high chance of a clash "between the ruling party leadership, which wants to handle a highly contentious issue smoothly ahead of local elections, and hard-liners on the committee who are demanding strong prosecution reform."
On the 4th, Kim Yong-min, the ruling party's secretary on The National Assembly's Legislation and Judiciary Committee, had tea with several reporters and raised point-by-point objections to the government's Serious Crimes Investigation Agency–Public Prosecution Service bill that passed the Cabinet meeting the previous day.
Kim said, "We need to eliminate contradictions such as granting prosecutors quasi-judicial status and the possibility of securing indirect investigative powers," noting that if the bill passes as drafted, there would be numerous "loopholes" for prosecutors to secure investigative powers indirectly. On the provision in the Public Prosecution Service Act allowing prosecutors to hold concurrent posts, Kim said it "runs counter to prosecution reform," adding, "The prosecution has effectively taken control of the Ministry of Justice."
◇ Backlash from the Legislation and Judiciary Committee over the Serious Crimes Investigation Agency–Public Prosecution Service bill passed by the Cabinet
The Serious Crimes Investigation Agency–Public Prosecution Service bill that passed the Cabinet on the 3rd is the plan the Democratic Party adopted as its platform at a general meeting of lawmakers on the 22nd. As dissatisfaction with the government plan grew within the ruling party, it already underwent a major revision once.
Under the newly finalized law, compared with the draft, the Serious Crimes Investigation Agency's investigative scope was reduced from nine major crimes (corruption, economic, public officials, elections, defense procurement, major disasters, drugs, crimes against the state such as insurrection and external collusion, and cybercrime) to six by excluding crimes involving public officials, elections, and major disasters, and its staffing was unified under investigators. Dismissal was added to the types of disciplinary action for prosecutors, and a provision was created prohibiting disadvantages for filing objections to command and supervision.
However, hard-liners on the Democratic Party's Legislation and Judiciary Committee, including Kim, are signaling further changes even to the new government plan. Ruling party members on the committee are said to have compiled and delivered to the party leadership the specific parts that need revision the previous day. Kim said, "We have not yet received feedback from the floor leadership," adding, "This law needs effective measures for reform, and we should not miss that."
Ruling party lawmakers on the committee plan to hold a public hearing next week to begin full-fledged discussions on the government plan. It is also reported that they are reviewing the option of dismissing incumbent prosecutors ex officio.
Kim said, "Under the State Public Officials Act, if an organization is abolished due to the repeal of a statute, ex officio dismissal is required," adding, "The competent Minister convenes a review committee to review the relevant public officials and, based on the results, assigns them to the newly established agency or another agency. We need to further discuss whether to follow this principle or go with the supplementary provisions."
◇ Leadership sticks to the government plan, saying "no problem"
Although ruling party lawmakers on the committee are pushing back, the Democratic Party leadership says there are no problems. At a policy coordination meeting that day, Han Jeong-ae, the Democratic Party's chief policymaker, said, "The Serious Crimes Investigation Agency–Public Prosecution Service bill submitted to the National Assembly reflects opinions presented after deliberations, including discussions outside the chamber and public input," adding, "The prosecution reform bill aims to uproot political prosecutors who wielded lawless power by holding both investigative and indictment powers in one hand." Despite the committee's opposition, she made clear the intention to stick with the government plan for now.
However, to pass the bill, it must go through the committee, where hard-liners are holding firm, making revisions to the government plan likely unavoidable. The committee and the leadership have already clashed several times. Recently, the leadership directly revised parts of the law-distortion offense (an amendment to the Criminal Act) that were potentially unconstitutional. Kim Yong-min also strongly objected at the time.
A political source said, "There is a continued clash between the leadership, which wants to focus on livelihoods ahead of local elections, and hard-liners on the committee seeking to press ahead with judicial and prosecution reform," adding, "Discord could erupt in March, when handling of the Serious Crimes Investigation Agency–Public Prosecution Service bill has been signaled."