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Kim said, "This proposition, which is being discussed while excluding crime victims who are the key parties, cannot be divided into true or false in the first place." The debate over supplementary investigative power has so far been treated, under the leadership of the Democratic Party, as a question of to what extent the authority of the prosecution—specifically, prosecutors—should be stripped. However, Kim appealed that it is a matter of who will look into the case again when a victim feels wronged, whether it be the prosecution or the police.
Busan roundhouse kick case: This is an incident that took place in May 2022 in the shared entrance of an officetel in Seomyeon, Busan. A man followed a woman who was returning home, struck her in the head, and dragged the unconscious victim into a blind spot of a CCTV camera. The case, which began as an assault and injury case, was treated as a case of aggravated bodily injury at the police stage after the victim submitted a disability diagnosis. In the first trial, the assailant was sentenced to 12 years in prison on charges of attempted murder. However, the victim had appealed the possibility of a sexual offense from the very beginning. The problem was that her claim was not sufficiently reflected in the initial investigation stage. It was during the appellate process that the true nature of the case changed. The prosecution re-evaluated the evidence, including the victim's clothing, particularly her jeans, and additionally confirmed DNA and circumstances at the time of the incident. As a result, the intent of a sexual offense emerged as a key issue, and the charge was changed to attempted rape-murder. The appellate court sentenced him to 20 years in prison, and the Supreme Court upheld the ruling.
"The Jeans That Were the Same Evidence"... Appealing the Need for Victim Protection Safeguards
"Everyone makes mistakes. The police, the prosecution, and the courts all make mistakes. That is why we should not recklessly abolish institutions, but rather need a system of checks and balances to prevent arbitrary decisions."
"If the Victim Feels Wronged, Go Public?" The Irresponsibility of the Political Sphere
"If political investigations are the problem, it is enough to create bills related to that, but abolishing a state institution does not make sense from a common-sense perspective. There is no statement more irresponsible than telling a victim or a prosecutor to go public if they feel wronged."
To supplement this situation, the Democratic Party's Criminal Procedure Act Revision Task Force proposed a plan to "require the police to implement the prosecution's request for supplementary investigation without delay, and to demand the exclusion from duty, disciplinary action, and replacement of police officers who do not comply without a valid reason." However, Kim asserts that relying on the goodwill of the police, who are already overwhelmed with handling cases, to conduct supplementary investigations on their own will not help crime victims.
"Because we are human, it is difficult to think that we are wrong. It is the same if we are in the same family. That is why other people and other institutions are needed. Once, when I went to report a secondary perpetrator, a police officer told me, 'Could you please not report something like this?' I felt embarrassed, but I also felt sorry for that public servant. I saw firsthand that they were already so exhausted, and their eyes were filled with the mindset of just not creating anything they would have to take responsibility for."
Kim worried that if the Criminal Procedure Act is revised in its current form, vigilante justice could become more appealing.
"I can watch that heinous CCTV footage a thousand or ten thousand times. However, I still cannot properly watch the video of the cameras where I had to reveal that I was a crime victim in front of the judge in court, before dozens of cameras. That video still leaves me with PTSD (Post-Traumatic Stress Disorder). But is there any need for a judicial institution to exist if it requires such effort from the victim? If so, there is no reason for investigative agencies to exist either. There is no reason for judicial institutions to exist. Because it would be much simpler for everyone to resort to vigilante justice."
Hardliners Unmoved Despite Calls for Caution on Abolishing Supplementary Investigative Power
President Lee Jae-myung, who had suggested reviewing the option of leaving very exceptional cases, also said at a Cabinet meeting, "Will things go well just because we raise our voices, speak loudly, and point fingers? It might feel good, but the outcome is unlikely to be good. The moment you inject a shot, if you tense up out of fear, the syringe breaks. You have to administer it gently. Reform is similar," which was interpreted as remarks emphasizing deliberation at the National Assembly level.
Kim Jin-ju concluded her testimony by saying:
"I am someone who has nothing to gain or lose from prosecution reform. I have no money, no connections, and no power. If you are someone like me, the current situation is something you must pay attention to. I hope we do not live in an era where we resign ourselves to a world where perpetrators live comfortably."
It sounded like a call to look back at where the debate on supplementary investigative power should begin. Before asking "How should we divide the power of state institutions?", we must ask "How can we protect citizens more thoroughly from crime?" The political sphere must take its time to provide a deeply considered answer to Kim's testimony, which reminds us that a reform that cannot answer this question is not a true reform.
※ Please note: This article was translated by AI and may contain errors.
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