Prosecution, police at loggerheads over investigative power reform

Arirang News 2019-05-07

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문무일 국민 기본권 강조…'수사권 조정안' 논란, 검•경 밥그릇 싸움?…핵심쟁점은

A long-standing debate over whether police should have more power to pursue criminal cases has generated strong tensions between them and prosecutors.
Our Oh Soo-young takes a deeper look into the issue. Korea's prosecution and police remain at loggerheads over a plan to redistribute the country's investigative powers.
Chief prosecutor Moon Moo-il said Tuesday that legislative reform plans allowing the police to close initial investigations goes against democratic principles.
He told reporters earlier in the day that the power to control, open and end investigations must be segregated in order to protect the rights of citizens.
Meanwhile, the Commissioner General of the national police agency has indirectly supported the redistribution of power.
Under the country's Criminal Procedure Act,... only prosecutors have the authority to close investigations.
The prosecution also has the exclusive right to indict suspects and, since 1962,... the sole right to seek arrest warrants,... making the police subject to the orders of prosecutors.
Over the years,... the asymmetrical system has lead to concerns and criticism that such imbalance of power could lead to the obstruction of justice.
Following a string of bribery and abuse of power scandals involving high profile prosecutors,... public skepticism toward the current investigative system has heightened in recent years.
As part of a drive to root out corruption,... the Moon Jae-in administration has pushed for the reassignment of investigative powers,... and the establishment of a special body to tackle corruption among senior government officials.
However, efforts to fast track legislation proposing these measures have been met with resistance from the prosecution, saying police authority would grow excessively.
The police have dismissed these claims, saying the prosecution has the authority to intervene in any investigation.
The prosecution is particularly opposed to allowing the police to close initial cases,... saying this could lead to cases being closed without sufficient investigation.
Police authorities have, again, retorted that appeals can be made,... and that prosecutors can exercise their right to order re-investigations.
In what appears to be an attempt to find the middle ground, Cho Kuk, a senior official at the presidential office, said Monday that the prosecution's concerns must be heeded.
But he indicated that the fast-track decision on reform must be respected,... and that efforts must be made to create an autonomous police and a special investigation body, while upholding checks against excessive police expansion.
A survey completed last week by Realmeter shows some 57 percent of some 9-thousand Korean adults are in favour of rebalancing investigative powers.
31 percent opposed,... over concerns that the police could gain too much authority.
Oh Soo-young, Arirang News.

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