PPP-absent as Assembly passes bill curbing prosecutors’ powers
The Democratic Party approved a revision ending prosecutors’ supplementary investigation authority, as the opposition urged President Lee Jae Myung to veto it.
The results of lawmakers' vote on a revision to the Criminal Procedure Act are displayed on a screen at the National Assembly on July 31.YONHAP
The Democratic Party (DP) passed a revision to the Criminal Procedure Act on Friday that would abolish prosecutors' supplementary investigation powers, while the People Power Party (PPP) urged President Lee Jae Myung to veto the bill.
The bill passed the National Assembly's plenary session in a vote of 175 to 2, with one abstention, among 178 lawmakers present. DP lawmaker Kwak Sang-eon and Reform Party lawmaker Lee Ju-young voted against the bill, while DP lawmaker Lee So-young abstained. The People Power Party (PPP) boycotted the vote.
The centerpiece of the revised law is a complete ban on direct investigations by prosecutors, including supplementary investigations. Instead, prosecutors may only request that investigative agencies conduct supplementary investigations.
Police must complete any requested supplementary investigation within one month and report the results to prosecutors. The investigation period may be extended by up to one additional month if necessary. The bill also requires that all materials generated during an investigation be recorded in the Korea Information System of Criminal Justice Services.
To strengthen the supplementary investigation request process, the bill requires video recording of search and seizure operations and the establishment of a dedicated supplementary investigation unit within the Serious Crimes Investigation Agency. It also allows the head of the Public Prosecution Service to assign a different investigative agency to conduct a supplementary investigation if an adequate follow-up investigation cannot reasonably be expected.
The revised law also adds new grounds for courts to dismiss indictments, including cases in which charges were filed based on seriously unlawful investigations or where prosecutors clearly abused their prosecutorial discretion in bringing charges.
The DP previously passed a revision to the Government Organization Act on Sept. 26 last year, which would allow the Supreme Prosecutors' Office to be abolished.
Under the revised laws, the Public Prosecution Service and the Serious Crimes Investigation Agency are scheduled to launch on Oct. 2.
Democratic Party lawmaker Jung Chung-rae speaks with Justice Minister Jung Sung-ho during a plenary session at the National Assembly on July 31.YONHAP
Prosecutors at the new Public Prosecution Service will be responsible only for filing charges and maintaining prosecutions in court, with no investigative authority. Criminal investigations will instead be handled by the Serious Crimes Investigation Agency and the police.
Following the bill's passage, the Blue House said it respects the National Assembly's legislative process and final decision.
"The revision to the Criminal Procedure Act will prevent the concentration and abuse of power by separating investigations from prosecutions, while making the criminal justice system more accessible to the public through stronger protections for victims and citizens' rights," Seong Ghi-hong, presidential secretary for public relations and communication, said in a statement.
"The Blue House will do its utmost to ensure the revised law is implemented smoothly and that the public can see its impact in their daily lives," Seong added.
The PPP urged President Lee Jae Myung to exercise his veto power over the bill.
People Power Party floor leader Jeong Jeom-sig, second from left, speaks at the National Assembly after a bill to abolish prosecutors' supplementary investigation powers was passed on July 31.YONHAP
"The ball is now in President Lee's court," PPP floor leader Jeong Jeom-sig told reporters outside his office at the National Assembly, describing the revision as the "Lee Jae Myung jailbreak bill."
Under the Constitution, the president must either promulgate a bill passed by the National Assembly or return it to the legislature for reconsideration within 15 days after it is transferred to the government.
"The expanded grounds for dismissing indictments are clearly tailor-made for President Lee, whose criminal trial has been suspended," Jeong said. "Some DP lawmakers launched a group calling for the withdrawal of indictments in February, and they also attempted to pursue a special counsel aimed at canceling indictments. This is already the third attempt this year to blatantly erase President Lee's criminal trials."
Referring to the expiration of Supreme Court Chief Justice Cho Hee-dae's term next June, Jeong argued that President Lee would be able to appoint Cho's successor as well as 22 Supreme Court justices during his presidency.
"That would allow him to secure both the laws and the judges needed to eliminate his legal risks," Jeong said. "If he wants to dispel the perception that this is the 'Lee Jae Myung jailbreak bill,' he should exercise his veto power. The PPP will also consider every possible response, including filing a petition with the Constitutional Court."
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
