The Korean Bar Association said it supports allowing prosecutors to conduct direct supplementary investigations in response to a Criminal Procedure Act amendment bill recently submitted by the Democratic Party of Korea.
In a statement on the 10th, the association said, "If any investigative agency escapes external checks, the substance of a case can be buried and lead to infringements on the basic rights of the people," and added, "The scope for allowing prosecutors' direct supplementary investigations should be designed reasonably." It continued, "To prevent investigative gaps, supplementary investigations by prosecutors should be exceptionally recognized for livelihood-related cases and for crimes connected to facts revealed in cases transferred by the police."
The association cited the case of "the Gwangju high school girl murder suspect," Jang Yun-gi, to stress the need for prosecutors' supplementary investigative authority.
The association noted, "Without the prosecution's supplementary investigation, there was a risk that fatal omissions in judgment and indications of evidence destruction would have been concealed," calling it "a clear example showing the need for supplementary investigative authority as a mechanism to check investigative agencies." It added that in a survey the association conducted of members nationwide, the response with the highest share was that "both the right to request supplementary investigation and the authority to conduct supplementary investigation should be granted."
The association also suggested that if even supplementary investigative authority is not recognized, the introduction of "full-case transfer" should be considered positively, to block concealment of cases through double-checking and to prevent case cover-ups caused by poor investigations. It said that legal experts' command-and-supervisory authority must be ensured over special judicial police officers. Because special judicial police officers inevitably may lack practical experience in compulsory investigations or knowledge of the Criminal Procedure Act, if legal experts' legal review is excluded, a fatal decline in investigative quality can occur.
The association further warned that discussions on changing the criminal justice system should not become mired solely in the allocation of powers among investigative agencies. It said institutional mechanisms must be greatly strengthened—such as victims' rights to make statements limited to certain crimes, rights to inspect and copy documentary evidence and physical evidence, and rights to raise objections—to secure transparency in investigations and protect crime victims' rights and interests. It also called for a fundamental strengthening of the right to counsel's assistance to prevent gaps and delays in investigations and to robustly protect the public's right to defense.
The association said, "The criminal justice system is the backbone of the state directly tied to the people's lives, bodies, and property," and added, "The foundation of judicial justice must never be shaken under the political goal of controlling or expanding the authority of a particular agency. A responsible judicial system must be established that thoroughly protects the lives and safety of the people."