Plan to keep prosecution’s control of police, allow police right to open criminal probes


The special parliamentary committee on judicial reform passed on Monday the revision bill of the criminal action law to allow the police to hold independent authority over investigations, largely upholding the Cabinet’s earlier decision.

The bill will be handed over to the legislation and judiciary committee and to the general meeting before the end of the month, officials said.

In a meeting held on Monday morning, officials agreed on a compromise draft which would recognize the prosecution’s right of command over the police and also allow the police to launch its own independent investigations.

The meeting was attended by Cheong Wa Dae officials, Justice Minister Lee Kwi-nam and National Police Agency chief Cho Hyun-oh.

“Both organizations ― the Supreme Prosecutor’s Office and the National Police Agency ― have pledged to cooperate,” said Prime Minister Kim Hwang-sik.

The parliamentary committee’s decision largely upheld such a compromise.

“It should be best to respect the Cabinet’s hard-earned agreement,” said Rep. Joo Sung-young, a ruling Grand National Party member of the committee.

His main opposition Democratic Party counterpart, Rep. Kim Dong-cheol, also agreed that the Cabinet agreement was largely in accord with the committee’s directions.

According to the bill, the police may open an investigation upon finding sufficient circumstantial evidence but must nevertheless abide by the prosecution’s directions when so requested.

This is a change from the current clause, which states that the police must obey the prosecution in all investigations.

The detailed range and limits of the prosecution’s commanding right is to be defined by a ministerial ordinance, officials said.

The police and the prosecution, however, are still unhappy with the compromise agreement.

Officials of the Seoul Central District Prosecutor’s Office, who met in a late-night meeting on Sunday, claimed that independent authority for the police will severely hinder investigation efficiency.

Police officials, on the other hand, protested that the agreement offers little to the police as it is not much different from the current criminal action law.

Amid the varying reactions, the justice minister attended the parliamentary committee meeting in the afternoon and apologized for causing concern to the people over the prosecution-police dispute.

“Some of the prosecutors seem to have misunderstood and exaggerated the issue,” he said.

The police chief also claimed that the revision, despite the change in the wording, more or less reflects the current investigation reality and the police-prosecution relationship.

By Bae Hyun-jung (tellme@heraldcorp.com)