Gyeonggi Governor Choo's Social Media Post Sparks Controversy Over "Regression to Pre-Moon Jae-in Era"

This is a social media post uploaded by Gyeonggi Governor Choo Mi-ae on the afternoon of July 19.

Governor Choo strongly criticized a proposed amendment to the Criminal Procedure Act, spearheaded by Democratic Party lawmaker Hong Ki-won, which would allow for supplementary investigations by the prosecution in exceptional cases. She stated, "This would render our efforts to date meaningless and result in a regression to the era before the Moon Jae-in administration."

In doing so, she cited Germany and Japan as examples.

She claimed, "German prosecutors do not conduct direct investigations with their own investigators but instead provide supervisory direction," and added, "The investigative authority of Japanese prosecutors is understood as an abstract power or a general right of command."

However, some in the legal community have raised claims that these remarks by Governor Choo are not factual.

They argue that prosecutors in both Germany and Japan do, in fact, possess direct investigative powers and conduct supplementary investigations in practice.

According to the legal community, Article 161 of the German Code of Criminal Procedure stipulates that a prosecutor may conduct any type of investigation themselves or entrust it to police agencies and police officers.

While Germany does not have an organization of prosecution investigators like South Korea, the structure is such that judicial police perform their duties as assistants to the prosecutor, they explained.

Furthermore, Article 191 of Japan's Code of Criminal Procedure states that "a public prosecutor may investigate a crime themselves when they deem it necessary," and Article 198 stipulates that "a public prosecutor, assistant public prosecutor, or judicial police official may summon and interrogate a suspect."

Legal experts explain that while Japanese prosecutors often refrain from direct investigations in general departments—excluding the Special Investigation Department—as a matter of practice, they conduct supplementary investigations without restriction, such as directly interrogating most suspects and key witnesses in cases referred by the police.

As opinions remain divided within the ruling party over whether to completely ban direct supplementary investigations by prosecutors, allow exceptions for certain cases, or determine the extent to which the prosecution can re-examine police cases, the controversy is intensifying with a fact-check of overseas examples now underway.

Reported by Kim Jiuk | Video by Choi Kang-san | Graphics by Yang Hye-min | Produced by SBS Digital News
※ Please note: This article was translated by AI and may contain errors.