Police refuse prosecutors’ investigation requests, citing internal probe cases


The police and the prosecution are once again clashing over investigative powers.

This time the police have refused to investigate a number of election rules violations deferred to them by the public prosecutors, saying that the cases fall under the category of internal process.

Under the modified Criminal Procedures Act, all criminal investigations are conducted under the direction of prosecutors. However, the prosecution does not have the right to issue directives with regards to internal investigative processes, which begin before an official investigation is opened.

With the number of such cases increasing, it is speculated that the prosecution could bring charges of inciting dereliction of duty against National Police Agency Commissioner General Cho Hyun-oh and Hwang Woon-ha, who is in charge of investigative matters at the agency.

Earlier this month, the National Election Commission deferred a case involving a preliminary candidate for a Seoul district treating 30 voters to food worth 500,000 won. The Seoul Southern District Public Prosecutors’ Office directed the police to launch an investigation, but the directive was not followed.

Around the same time the prosecutors also ordered an investigation into a similar case in North Gyeongsang Province. The police again ignored the orders.

In addition to the recent two cases, the police have ignored eight of the 50 cases of election rule violations that were deferred to them so far this year,

While the prosecutors say that the cases need immediate investigation, the police argue that those cases are, strictly speaking, a matter for internal processes, which the prosecutors cannot command.

The two organizations have been at odds with each other since last year when the Prime Minister’s Office announced the modified presidential decree on the implementation of the Criminal Procedure Act.

Under the modified decree, all police investigations will be conducted according to written directives issued by public prosecutors.

However, the police will be given the right to ask for new directives when deemed necessary.

Regarding the police’s right to conduct investigations internally without orders from the public prosecutors, the modified decree states that the police will be allowed to continue conducting such investigations, but will be required to submit documents and evidence to the prosecutors after the related procedures are closed.

By Choi He-suk  (cheesuk@heraldcorp.com)