The controversy over abolishing prosecutors' supplementary investigation authority, which the ruling and opposition parties had fought over tooth and nail, has suddenly disappeared from politics a month before the launch of the Public Prosecution Office and the Serious Crimes Investigation Office. The Democratic Party of Korea had signaled follow-up legislation after the Criminal Procedure Act was revised, but it has shown little movement. The People Power Party likewise does not appear to be actively using the abolition of supplementary investigation authority as material for a fight against the ruling camp. Why is that?
As a follow-up measure to the revision of the Criminal Procedure Act, the Democratic Party plans to push a measure to send all cases of the "seven major crimes against socially vulnerable people" to prosecutors. The seven crimes are: ▲ sexual violence ▲ sexual violence against children and teenagers ▲ stalking ▲ child abuse ▲ abuse of persons with disabilities ▲ elder abuse ▲ domestic violence. To send all cases of the seven crimes, each individual law governing those crimes must be amended.
By standing committee, the special acts on punishment for sexual violence, stalking, child abuse, and domestic violence must begin deliberations in the National Assembly's Legislation and Judiciary Committee, chaired by Democratic Party lawmaker Seo Young-kyo. Laws related to sexual violence against children and teenagers fall under the Gender Equality and Family Committee, chaired by People Power Party lawmaker Kim Jeong-jae, and laws related to abuse of persons with disabilities and elders fall under the Health and Welfare Committee, chaired by People Power Party lawmaker Lee Man-hee. With standing committees chaired by the opposition in play, many predicted that follow-up measures to the Criminal Procedure Act revision would emerge as a flashpoint between the parties in the August extraordinary session.
However, when the lid was lifted, both major parties appeared largely uninterested in the follow-up measures to the Criminal Procedure Act revision. Related discussions have barely taken place in the relevant standing committees.
It appears the ruling and opposition parties' interests aligned in letting the debate over follow-up legislation for abolishing supplementary investigation authority sink below the surface. After a police misconduct case erupted, including a false closure of the disappearance of Jang Mi-ran, the Democratic Party is taking a cautious approach to the supplementary investigation authority issue. As support among "women in their 20s and 30s" dropped sharply due to the abolition of supplementary investigation authority, the party is also stressing that police misconduct is unrelated to that abolition. The Democratic Party's strategy is to minimize noise through its previously formed "task force (TF) to strengthen the rights and interests of crime victims among socially vulnerable people."
The People Power Party is inclined to cooperate with the Democratic Party's follow-up legislation to revise the Criminal Procedure Act. With the governing party having already led the abolition of prosecutors' supplementary investigation authority, it would be easy to face a counterattack if the opposition appears to block victim protection measures.
There is also a calculation that the Democratic Party, which led the legislation, will be held responsible for the aftermath of dismantling the Prosecution Service and abolishing supplementary investigation authority. The ruling camp is expected to continue a public campaign criticizing the Democratic Party by linking police misconduct with the abolition of supplementary investigation authority. A political source said, "Since abolishing prosecutors' supplementary investigation authority is already an unstoppable step, the bigger the side effects grow, the more disadvantageous it will inevitably be for the government and the ruling party," adding, "From the People Power Party's standpoint, letting the Lee Jae-myung administration do as it wants and then correcting the supplementary investigation authority issue after winning the next general and presidential elections seems more justifiable."
The problem is that the Public Prosecution Office and the Serious Crimes Investigation Office, set to launch in about a month, could "depart with the doors open" without proper preparation amid the two major parties' strategic chess match. Sharp criticism is also emerging that, while boasting that "the criminal justice system is undergoing a major shift for the first time in 78 years," they are ignoring the "details."
A legal community source said, "There is even talk that neither the Democratic Party nor the People Power Party was ever particularly interested in dismantling the Prosecution Service or abolishing supplementary investigation authority," adding, "From investigation to indictment, the overarching framework of the criminal justice system is changing. If lawmakers do not meticulously shore up the system, in the end only crime victims' suffering will worsen."