Former Advisory Committee Chair Park Chan-un: "Oppose Judicial Control Unit? How Else Can We Control Police Investigations?"

▲ Professor Park Chan-un presenting on the revision of the Criminal Procedure Act

Park Chan-un, a professor at Hanyang University Law School and former head of the advisory committee under the Prime Minister's Office's Prosecution Reform Promotion Task Force, strongly criticized arguments from some within the ruling camp opposing the establishment of a judicial control unit within the Prosecutors' Office, asking, "How many more incidents like the Jang Yoon-ki case need to happen before people come to their senses?"

Posting on Facebook today (September 10), Professor Park said, "It is utterly incomprehensible to view even the effort to review police investigations through colored glasses and try to block it."

Park stated, "The biggest concern regarding the abolition of the supplementary investigation power was how to control police investigations," adding, "If prosecutors are barred from conducting direct supplementary investigations, who can properly filter out shoddy, excessive, or illegal police investigations?"

He continued, "At the time, hardliners for the separation of investigation and indictment said there was no need to worry because prosecutors would have the authority to request supplementary investigations and reinvestigations, as well as conduct necessary fact-finding," and wrote, "They argued that even if prosecutors do not conduct direct supplementary investigations, they could control police investigations through the powers granted by the Criminal Procedure Act."

He pointed out, "Yet, ahead of the launch of the Prosecutors' Office, when prosecutors try to use that authority to create an internal organization that reviews the legality and validity of police investigations, they are now saying such an organization is unnecessary," adding, "I have no idea whose tune we are supposed to dance to."

While noting that he himself does not agree with the name "Judicial Control Unit," he said, "Saying the name is inappropriate and saying an organization to perform such functions is unnecessary are two entirely different things."

Park questioned, "If you even block efforts to realign prosecutorial capabilities toward controlling police investigations by utilizing the powers that the Criminal Procedure Act grants to prosecutors, what are we supposed to do?" and asked, "Are you saying the Prosecutors' Office should just hand police investigation results over to the court without saying a word about them?"

He further retorted, "If the complete deprivation of prosecutors' investigative powers has created a situation where it is difficult to control police power, shouldn't we instead be instructing prosecutors to focus their capabilities on properly controlling police investigations rather than conducting direct investigations moving forward?"

Park emphasized that the goal of prosecution reform is not to strip prosecutors of their authority or dismantle the prosecution organization, but rather to properly realize the purpose of the criminal justice system: to correctly identify and punish criminals and protect innocent citizens from the abuse of state investigative powers.

He criticized, "Politicians pushing things in this direction is far from the will of the people," and asked, "How much longer are you going to do politics while only worrying about the moods of hardline supporters?"

(Photo: Yonhap News)

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