On the 20th, Democratic Party of Korea lawmaker Choi Gisang welcomed the National Assembly's passage of the Public Prosecution Office Act and said, "We will do our part on the remaining criminal justice reform tasks," emphasizing, "There is absolutely no need for prosecutors of the Public Prosecution Office to have the authority to conduct supplemental investigations."
Choi released a statement the same day, saying, "The argument that we should grant prosecutors authority for supplemental investigations by assuming the 'extremely exceptional situation' of an impending statute of limitations is not valid," adding, "Exceptions are matters to address through procedural supplements, not grounds to shake the principle of separating investigation and indictment."
He went on, "One of the great pains for suspects and victims is the 'never-ending investigation,'" noting, "If prosecutors are given supplemental investigation authority, they will have an incentive to delay closing cases until the statute of limitations expires on the grounds that 'supplemental investigation is necessary.'"
Choi said, "A system must guarantee not only the discovery of truth but also a deadline for concluding procedures and predictability of outcomes," adding, "Suspects, victims, and all their families fall into the risk of their livelihoods, studies, and social relationships collapsing amid prolonged anxiety."
Choi said, "The role of prosecutors at the Public Prosecution Office is not to be direct investigators, but to make legal judgments on whether to indict and to control investigative agencies' excessive or unjust search and seizure and applications for arrest warrants," explaining, "People's human rights are guaranteed not by expanding the closed-door investigation stage, but within open trial proceedings."
He added, "Through the current Criminal Procedure Act's requests for supplemental investigation, requests for reinvestigation, and objections by complainants or victims, prosecutors and others can control investigations."
Choi emphasized, "Granting 'supplemental investigation authority' to prosecutors at the Public Prosecution Office is ultimately a return of investigative powers," adding, "This runs counter to the direction of the task of the times to resolve the structure of concentrated powers through the separation of investigation and indictment, and the need to justify this has not been demonstrated."