Rank-and-file prosecutors slam DP's reform bill

Politics

Published: 20 Apr. 2022, 19:02 Updated: 20 Apr. 2022, 19:39

Rank-and-file prosecutors slam DP's reform bill

Representatives of junior prosecutors criticize the ruling Democratic Party's prosecution reform bill at a Wednesday morning press briefing at the Seoul High Prosecutors' Office following an overnight meeting of 207 rank-and-file prosecutors from across the country. [YONHAP]

Prosecutors emerged from an overnight meeting Wednesday with a joint statement denouncing the ruling Democratic Party's (DP) planned bill to strip the state prosecution service of its investigative powers as unconstitutional and damaging to the criminal justice system.

The meeting, convened by the National Junior Prosecutors’ Representative Association, was attended by 207 rank-and-file prosecutors from 18 district prosecutors’ offices and 42 regional prosecutorial branches. It began at 7 p.m. on Tuesday and ended around 5 a.m.

“We are desperately concerned that the proposed bill to completely abolish the prosecution’s investigative powers will make it no longer possible to protect victims of crimes that disturb the social order, such as sexual violence, assault and fraud,” representatives of the gathering said in a statement after the meeting concluded Wednesday morning.

While acknowledging prosecutors were “deeply aware of public criticism of the state prosecution service,” the representatives argued that the DP’s bill “would blindfold the eyes and tie the hands of prosecutors” and “prevent powerless people from safeguarding their rights.”

The prosecution reform bill, which lawmakers of the ruling DP agreed on April 12 to pass during the current session of the National Assembly, is the latest in a series of measures pursued by the party and administration of outgoing President Moon Jae-in to weaken the power of state-run agencies, particularly the prosecution service.

Relations between the state prosecution service on one side and the ruling party and Moon administration on the other have been strained since the powerful law enforcement agency initiated several probes into key figures close to the president.

The DP at the end of 2020 rammed through a bill to establish the Corruption Investigation Office for High-ranking Officials (CIO) and give more power to the National Police Agency, limiting the scope of investigations that can be conducted by prosecutors.

The prosecution reform bill would bring about the complete abolition of the prosecution's remaining investigative powers, which critics say have been abused to conduct probes of political rivals or enemies of the party in power.

In their statement, junior prosecutors argued that such a law would likely run afoul of the Constitution.

“The Constitution recognizes prosecutors’ authority to conduct investigations and grants prosecutors the right to directly request warrants to enforce its investigative powers,” the prosecutors said. “However, this bill arbitrarily re-interprets the Constitution in order to deprive prosecutors of both the right to investigate and the right to request a warrant.”

Their sentiments were echoed by Kim Hyung-doo, deputy chief of the National Court Administration, who said at a Tuesday subcommittee meeting of the parliamentary Legislation and Judiciary Committee that the bill could “quite likely” be found unconstitutional.

“A relatively large number of scholars argue that the bill to abolish the prosecution’s investigative powers violates Articles 12 and 16 of the Constitution,” Kim told the subcommittee.

“While such scholars acknowledge that the Constitution only stipulates the prosecution’s authority to file warrants, they argue that the prosecution’s ability to conduct an investigation is a key assumption supporting that grant of authority in those articles,” Kim explained.

He added, “Even if it is not possible to argue prosecutors should have a monopoly on investigations, it should be recognized that prosecutors have a constitutional right to conduct probes.”

In addition to concerns about the bill’s unconstitutionality, the National Court Administration also raised objections to 13 sections of the proposed law in a 39-page document Kim submitted to the subcommittee.

The court administration voiced particular concern about the lack of checks on the powers of the police, to whom the prosecution’s remaining investigative powers would be transferred.

“If the police lack mechanisms to mitigate the risk of over-reaching or shoddy investigations, such probes will negatively affect the trial process and harm the realization of justice through trial,” the document read.

The court administration added that “further examination is necessary to determine how proper checks and balances can be implemented between the right to investigate and prosecute,” suggesting that the judiciary opposes the ruling party’s determination to pass the law within two weeks.

The DP plans to have the bill promulgated into law during the last Cabinet meeting of the Moon administration on May 3 to preempt a likely veto by President-elect Yoon Suk-yeol, a former prosecutor general who resigned over the same bill in March last year.

With the rushed legislative schedule for the bill facing strong criticism from the judiciary and the prosecution, National Assembly Speaker Park Byeong-seug put an official trip abroad on hold, according to a party official said Wednesday.

The decision appeared to be aimed at giving the DP more time to consider the controversial legislation. The party originally vowed to pass the bills through the National Assembly before Park departs on a 10-day trip to the United States and Canada later this week.

BY MICHAEL LEE [lee.junhyuk@joongang.co.kr]