Rushed bill to abolish Prosecution Service raises concerns over due process

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Rushed bill to abolish Prosecution Service raises concerns over due process

Published: 13 Jun. 2025, 00:00

Audio report: written by reporters, read by AI

The Supreme Prosecutors’ Office in Seocho District, southern Seoul. [NEWS1]

A group of hardline lawmakers from the ruling Democratic Party — including Kim Yong-min, Min Hyung-bae and Jang Kyung-tae — introduced four bills this week calling for the abolition of the current prosecution service. The proposals aim to dismantle the Prosecutors’ Office and reassign its functions: investigative powers would go to a new Major Crimes Investigation Agency, while prosecutorial authority would be transferred to a separate Prosecution Agency.

If passed, the bills would end the institutional form of the prosecution service that has existed since the enactment of the Prosecutors’ Office Act in 1949. This would not be a routine administrative reshuffle but a foundational transformation of Korea’s criminal justice system. Without sufficient public debate and social consensus, such a move risks lacking legitimacy.

The sponsoring lawmakers have called for the bill to pass within three months. But the scale and gravity of the reform require a more measured approach.

The National Office of Investigation (NOI) headquarters building in Seodaemun District, western Seoul. [YONHAP]

Separating prosecutorial powers has long been a contentious issue. Under the Moon Jae-in administration, the Democratic Party pushed for so-called “complete separation” of prosecution powers, sparking fierce resistance from the opposition People Power Party, which accused the ruling bloc of attempting to shield political corruption.

A compromise brokered by then-Speaker Park Byeong-seok limited the prosecution’s investigative powers to corruption and economic crimes, transferring other investigative functions to the police. During the Yoon Suk Yeol administration, the prosecution’s role expanded again via executive order, reigniting political controversy.

Now, with the Lee Jae-myung administration newly in office, some ruling party lawmakers are moving quickly to revive the dismantling agenda. But the timing and manner raise procedural concerns.

Even after winning the presidency, the Democratic Party must avoid unilateral legislative moves, especially on matters of such significance. The current proposal is not an official party platform and was introduced without consultation with the executive branch. President Lee has yet to nominate a justice minister, who would be central to any prosecution reform effort.

Criticism is also emerging within the ruling camp. Some lawmakers have noted that their colleagues are still acting “like opposition lawmakers or civic activists,” neglecting the policy coordination expected of a governing party.

The proposed framework would divide investigative authority among three agencies: the new investigation unit, the police’s National Office of Investigation, and the Corruption Investigation Office for High-ranking Officials. Even with legal distinctions between jurisdictions, on-the-ground confusion is likely. The chaotic handling of last year’s martial law investigation already revealed the limitations of fragmented investigative authority.

The Corruption Investigation Office for High-ranking Officials' (CIO) signboard is attached on its headquarters building. [NEWS1]

Though President Lee pledged to separate investigative and prosecutorial functions during his campaign, multiple approaches to implementation remain viable. It would be premature to move forward without first hearing from the justice minister nominee. The more sensitive the issue, the more important it is to allow time for careful deliberation.

President Lee declared in his inaugural address that he would be “a president who ends divisive politics.” To fulfill that promise, he and his party must engage not only supporters but also critics in open, future-oriented discussions.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.