As the Democratic Party of Korea moves to handle a Criminal Procedure Act amendment centered on abolishing the right to supplementary investigation, concerns are growing within the party. Attention is on whether the speed drive of The National Assembly's Legislation and Judiciary Committee will be put on hold.
Hong Ki-won, a Democratic Party lawmaker classified as pro-Lee Jae-myung, said on the 13th that he would introduce a Criminal Procedure Act amendment that exceptionally preserves the right to supplementary investigation. The Criminal Procedure Act amendment prepared by Hong allows supplementary investigations for certain cases, including crimes against socially vulnerable people such as sexual violence, crimes against children and teens, stalking, and domestic violence, and crimes harming livelihoods such as voice phishing and multi-level marketing.
It also allows supplementary investigations in cases where deadlines are tight, such as detention cases or cases nearing the statute of limitations, when supplementary investigation is unavoidable, or when the matter is too minor to be handled through a request for supplementary investigation. At the same time, safeguards were put in place to prevent abuse of the right to supplementary investigation.
In a letter to Democratic Party lawmakers, Hong asked for co-sponsorship of this Criminal Procedure Act amendment and said, "The reason President Lee Jae-myung, the biggest victim of prosecutorial power abuse, also noted the need for exceptional supplementary investigations is clear. It is to create exceptions for the people, not for the prosecution."
Hong said, "The prosecutorial reform we seek is not completed merely by removing prosecutors' authority," adding, "It is only complete when it makes the people safer. This amendment is the minimum safety device that fills the final gap."
The Criminal Procedure Act amendment centered on a complete abolition of the right to supplementary investigation has been introduced and is being handled as the Democratic Party's party line. The Democratic Party plans to hold one or two Legislation and Judiciary Committee meetings each week to push ahead quickly.
However, the mood shifted after the "Jang Yun-gi case," in which the prosecution's supplementary investigation exposed the police's evidence destruction and shoddy investigation. Even within the ruling party, which had been in single file, voices began to say that a complete abolition of the right to supplementary investigation is a problem.
Rep. Lee So-young said of the complete abolition of the right to supplementary investigation, "It runs counter to the 'trial-centered system' that brings criminal justice closer to the substantive truth," adding, "It is a return to the 'document-centered system' of the past, when judges relied only on records arranged by prosecutors and police. I do not understand why this is called reform."
Rep. Kwak Sang-eon also said, "Abolishing the right to supplementary investigation means recognizing the police's monopolistic investigative power," adding, "Problems arising from monopolistic investigative power will, in addition to those caused by the implementation of the crime of legal distortion, become an even bigger issue." Rep. Ko Min-jung, who is running for party leader, also argued for allowing exceptional supplementary investigation, saying, "Separating investigation and indictment is a choice of system to prevent wrongful victims, not a creed."
Rep. Mo Kyung-jong also expressed concern, and Rep. Kim Young-jin, chair of the National Assembly's Public Administration and Security Committee, said in a radio interview about the complete abolition of the right to supplementary investigation, "Since it is not a settled matter, a process of discussion is necessary." Already six ruling party lawmakers have publicly voiced concern.
Meanwhile, the Legislation and Judiciary Committee held Subcommittee on Bill Review No. 1 on the morning of the day, led mainly by the broader pro-government camp, and is discussing the Criminal Procedure Act amendment. On the day, it plans to hear opinions from the Ministry of Justice and the National Court Administration and take questions from subcommittee Commissioners.
The National Court Administration previously told the National Assembly in a written opinion on abolishing the right to supplementary investigation that "supplementary measures are needed to prevent side effects."