The Democratic Party of Korea on the 24th endorsed as its official party position a revision to the Criminal Procedure Act that would ban not only prosecutors' supplementary investigation authority but also their direct investigations entirely. While prohibiting prosecutorial supplementary investigations, the party prepared a safeguard by establishing a dedicated supplementary investigation unit within the Major Crime Investigation Agency to conduct supplementary probes into crimes targeting socially vulnerable groups.
The Democratic Party announced that it endorsed the Criminal Procedure Act revision containing these provisions immediately after its plenary meeting that day. Floor spokesperson Lee Ju-hee said, "Establishing a new criminal justice system on October 2 is our mission, so we agreed at today's plenary meeting to reach a conclusion swiftly and endorsed it as the party position." She added, "106 of 161 members participated, meeting the quorum." The work of organizing amendment opinions on the bill was delegated to the floor leadership, and there were reportedly no objections to adopting it as the party position.
The revision maintains the principle of separating investigation and prosecution, bans prosecutors' direct investigations, and expands measures to protect victims. It also includes content strengthening mutual checks among investigative agencies. In particular, all cases involving crimes against socially vulnerable groups will be subject to full referral to the prosecution. This will be pursued through revisions to individual laws rather than the Criminal Procedure Act. The obligation of special judicial police officers to refer all cases will also remain.
The party also plans to establish a victim's right to submit materials, a prosecutor's right to submit opinions and right to hear opinions, and to add complainants to those entitled to file objections, alongside accusers and legal representatives of victims. It will also allow complainants to view and copy investigation records for the purpose of filing objections.
In particular, for crimes against socially vulnerable groups, a dedicated supplementary investigation unit will be established within the Major Crime Investigation Agency so that the agency can conduct supplementary investigations into seven categories of crimes against the vulnerable: child abuse, domestic violence, sex crimes, child sex crimes, stalking, disabled abuse, and elder abuse. This will be pursued through revision of the Major Crime Investigation Agency Act. In addition, while prosecutors' authority to direct investigations will be abolished, a mandatory clause on investigative cooperation between prosecutors and special judicial police officers will be newly established, as will special judicial police officers' right to request cooperation.
Floor spokesperson Lee explained, "We are preparing measures to make requests for supplementary investigation and corrective action substantive for referred cases and non-referred cases respectively, and the intent is to draft provisions by dividing detailed scenarios within a broad framework."
Along with this, all investigation process materials will be digitized and recorded in the criminal justice system. The party plans to include provisions allowing prosecutors, if they discover clues to other crimes while reviewing records, to request investigations by judicial police officers.
The party also plans to establish oversight bodies such as investigation human rights protection officers to protect victims from human rights violations during the investigation process. In addition, the Democratic Party decided to increase police personnel to prevent case delays caused by police work overload, and to introduce a "real-name and accountability system" for investigations.
Within the party, there had been voices expressing concern about victim protection and worry over abolishing the supplementary investigation authority. Notably, Rep. Hong Kee-won had separately proposed a Criminal Procedure Act revision for this reason that would partially retain the supplementary investigation authority.
Immediately after the plenary meeting, the first bill review subcommittee of the National Assembly's Legislation and Judiciary Committee held a meeting and conducted a clause-by-clause review. The plan is to prepare the draft provisions over the weekend and conclude the committee subcommittee discussions between the 27th and 28th. The Criminal Procedure Act revision is expected to pass the plenary session as early as the 30th.
Rep. Kim Seung-won, the ruling party's secretary on the Legislation and Judiciary Committee, met with reporters after the bill subcommittee meeting and said, "Sufficient discussions over eight sessions and drafting work have been roughly completed." He added, "We will prepare the draft provisions over the weekend and definitively gather members' opinions." Political circles expect the revision to be processed at the plenary session as early as the 30th.
However, plenary passage could be somewhat delayed as the People Power Party is likely to counter with a filibuster in opposition to the Criminal Procedure Act. Chung Jum-sik, the People Power Party's floor leader, warned on Facebook that day, "The Democratic Party says it will put the supplementary investigation authority repeal bill on the plenary session agenda on the 30th," adding, "Our People Power Party will wage an all-out struggle with all our might."
