A bill to amend the Criminal Procedure Act, centered on abolishing prosecutors' supplementary investigation authority, passed the National Assembly's Legislation and Judiciary Committee's first subcommittee on bill review on the 28th. Commissioners from the Democratic Party of Korea and other pro-government members approved the bill as People Power Party lawmakers walked out during the meeting.
The Democratic Party of Korea plans to put the amendment that cleared the subcommittee to a vote at the full Legislation and Judiciary Committee on the 29th and the plenary session on the 30th. The People Power Party signaled it would respond with a filibuster (unlimited debate).
Kim Seung-won, chair of the first bill subcommittee from the Democratic Party of Korea, said at a briefing right after the meeting, "Today, for the first time in 70 years, we passed a partial amendment to the Criminal Procedure Act at the first bill subcommittee," adding, "It is a bill that aims for a new criminal justice system that provides thicker protection for victims, conducts investigations with greater responsibility, and exercises decisions on whether to indict more fairly."
The amendment, while in principle banning prosecutors from conducting direct investigations, allows them to ask judicial police officers to conduct supplementary investigations as needed to determine whether to indict and to maintain indictments, and to decide whether to seek warrants. Police who receive a prosecutor's request for a supplementary investigation must in principle complete the investigation within one month, with a one-month extension allowed in unavoidable cases.
It also allows prosecutors to hear from parties related to a case or request the submission of materials, but it clearly separates this from investigations and bars direct evidence collection or compulsory measures.
To expand victim protection, not only complainants and victims but also informants can file an objection to a police decision not to refer a case. Authority was also granted to inspect and copy case records needed for objections. In addition, documents and evidence prepared during investigations must be recorded in the Criminal Justice Information System (KICS) to increase transparency in investigative procedures.
Park Eun-jung, a Democratic Party of Korea lawmaker, said, "The biggest feature of this amendment is that prosecutors will no longer conduct investigations," adding, "We completely separate investigation and indictment, and to ensure the completeness of police investigations, prosecutors will make substantive requests for supplementary investigations." She added, "We greatly added provisions to protect crime victims, such as expanding victims' rights to object and to inspect and copy investigation records, and informants' right to object."
Kim Yong-min, a Democratic Party of Korea lawmaker, said, "We declare that prosecutors, who have long reigned above the public with unchecked power, will now be transformed into an administrative body where investigation and indictment are completely separated," calling it "an important turning point in prosecution reform."
The People Power Party, on the other hand, boycotted the vote, arguing that the Democratic Party of Korea unilaterally handled the bill without sufficient review.
People Power Party floor manager Park Hyeong-su told reporters right after walking out, "The Democratic Party of Korea scripted everything and had the bill all wrapped up, and we were made to play extras all day," criticizing, "They rammed through the schedule without even giving us time to review the bill, so there was no point in continuing to take part in the subcommittee."
Lawmaker Kim Tae-gyu also said, "There was no explanation of the review process so far, and we were a mere backdrop from start to finish," adding, "It is hard for any reasonable legal professional to agree with rushing the procedure to match the Democratic Party of Korea's party convention schedule like roasting beans over a lightning fire."
In response, Subcommittee Chair Kim countered, "I express regret that (the People Power Party) left the room immediately after we began specific discussions on the alternative."
Meanwhile, the ruling and opposition parties were said to have reached substantial common ground on the so-called "special counsel bill on the National Election Commission."
Subcommittee Chair Kim said, "We discussed mainly around the People Power Party's Yoo Sang-beom proposal and the Democratic Party of Korea's Han Byeong-do proposal, and most of the differences have been coordinated," adding, "It could pass immediately once the floor leadership sets the subjects and scope of the investigation." Park Hyeong-su also said, "We have reached some agreement on the size of the special counsel and dispatched prosecutors and on the investigation period, and the subjects and scope of the investigation are the final sticking points."