▲ President Lee Jae-myung
President Lee Jae-myung has repeatedly emphasized that public harm must not arise from changes to the judicial and criminal justice systems, in relation to the revised Criminal Procedure Act that abolishes prosecutors' direct and supplementary investigation powers.
During a recent Cabinet meeting, he lent weight to the legitimacy of the revised Criminal Procedure Act, calling it a "measure that sets things right," yet separately he continues to show wariness over excessive powers being concentrated in the police.
As differences of opinion emerged among ministries over whether joint investigation headquarters-style cooperative investigative bodies between prosecutors and police would lack legal grounds after the law's revision, President Lee even questioned relevant ministries as to whether prosecutors' investigations have been banned to the extent that even such bodies cannot be maintained.
Presiding over a work report from the Ministry of Justice and the Ministry of the Interior and Safety at the Blue House on the 5th, President Lee said, "The police have come to hold complete authority to conclude given cases, but the public is worried about whether the police have sufficient capacity, whether they are trustworthy, and whether self-correction is possible."
He added, "While supplementary investigations by prosecutors as before would not solve 100% of the issues, concerns are growing precisely because that (supplementary investigation power) is disappearing," asking whether countermeasures for this are being well-prepared.
In this process, differences in opinion among ministries also surfaced regarding whether the current joint prosecution-police investigation headquarters could be maintained.
With prosecutors' investigation powers being eliminated following the revision of the Criminal Procedure Act, the necessity of reviewing the legal status of joint investigation headquarters has also become a pending issue.
Regarding the issue of the joint investigation headquarters, President Lee asked, "I haven't read the revised Criminal Procedure Act so I am asking, but according to the bill, does it say prosecutors must not conduct investigations?"
When Minister of Justice Jung Sung-ho replied, "The legal grounds for conducting investigations have entirely disappeared," President Lee re-verified by asking, "The grounds have disappeared, but I am asking whether 'prohibition' is stipulated."
In response, Vice Minister of Justice Lee Jin-soo explained, "Since it is designed so that prosecutors do not exercise investigative powers at all, if prosecutors directly intervene in investigations in the future, controversy over illegal investigations could arise."
The Ministry of Justice and the Ministry of the Interior and Safety also revealed differing stances concerning the legal grounds to operate prosecution-police cooperative bodies after the revision of the Criminal Procedure Act.
Vice Minister of Justice Lee stated, "A joint investigation headquarters system like the current one will face many legal controversies," adding, "We judge that it will be difficult to maintain it as is."
Minister of Justice Jung Sung-ho likewise pointed out, "If prosecutors participate in investigations, problems could arise regarding the admissibility of evidence."
However, Minister of the Interior and Safety Yoon Ho-jung expressed an opinion to the effect that a body similar in form to the current joint investigation headquarters could be operated, stating, "The joint prosecution-police investigation headquarters until now did not have clear grounds in the Criminal Procedure Act either."
"Going forward, since the functions of the Prosecutors' Office will be divided into the Prosecution Service and the Serious Crime Investigation Agency, wouldn't a joint investigation headquarters among the Prosecution Service, the Serious Crime Investigation Agency, and the police be created?" he added.
In response, President Lee instructed each ministry to "inspect in advance how to handle the joint investigation headquarters and report back."
President Lee also highlighted the fact that Minister Jung and Minister Yoon, both members of the Democratic Party of Korea, have been active together in the party for a long time, and urged them to pool their efforts in preparing follow-up measures.
Laughing, President Lee said, "Since this is a matter of completely overhauling a system maintained for decades, it will be difficult to eliminate all problems cleanly, and it will take time and cost," adding, "The ministers of the Interior and Safety and Justice are close to begin with, aren't they? Please consult well so that you can prepare for all contingencies."
This remark is drawing attention as it can be seen as an expression of his intent to still entrust Minister Jung with the work of supplementing the revised Criminal Procedure Act bill, even though controversy recently erupted over Minister Jung's future following his expression of intent to resign.
An ruling camp official explained that during the closed-door portion of the Cabinet meeting the previous day, President Lee told Minister Jung, "Hold on strong," in a remark conveying his intent for him to continue working hard in his duties going forward.
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