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Democratic Party: "Abolition is an Unwavering Principle"... Potential for Accelerated Push Ahead of August 17 National Convention
Bill review materials are seen at the Legislation and Judiciary Committee's Subcommittee on Bill Review held at the National Assembly on the 10th, chaired by Subcommittee Chair Kim Seung-won. The People Power Party did not attend the meeting. [Yonhap News]
As the Democratic Party of Korea begins parliamentary procedures to abolish the prosecution's supplementary investigation rights amid the controversy surrounding the Jang Yoon-gi case, voices of concern are being openly raised by the opposition party, the government, and the judiciary as of the 12th.
The Democratic Party emphasizes that the abolition is part of completing its self-proclaimed "prosecution reform" and maintains that it will minimize side effects by ensuring the effectiveness of the right to demand supplementary investigations.
However, as some within the party have also raised cautious views, future discussions are drawing attention.
The National Court Administration of the Supreme Court submitted an opinion to the National Assembly regarding the proposed amendment to the Criminal Procedure Act, sponsored by Democratic Party lawmaker Kim Yong-min and Rebuilding Korea Party lawmaker Park Eun-jung, stating that "safeguards are needed to prevent the side effects of abolishing supplementary investigation rights."
Regarding the proposal to establish "indictment deliberation committees" in each district court to review and decide on the appropriateness of indictments, the National Court Administration stated, "The appropriateness of whether to indict can be adequately controlled through trials after indictment, and through applications for adjudication in cases of non-indictment decisions," adding that further review is necessary.
Lee Seok-yeon, chairman of the Presidential Committee on National Cohesion, also stated in a Facebook post that day, "The complete abolition of a prosecutor's right to supplementary investigation is unconstitutional," adding, "To uphold the spirit of the Constitution, the prosecutor's right to supplementary investigation must be recognized in some form."
Within the Democratic Party, opposing opinions regarding the abolition of the prosecution's supplementary investigation powers are also surfacing.
Party leadership contender Rep. Ko Min-jung said at a National Association of Autonomy and Decentralization Democratic Leaders (KDLC) event that day, "The grand premise of separating investigation and prosecution remains valid," but added, "However, in cases involving social minorities, such as sexual violence crimes or victims with disabilities, we must ensure that a cross-check by another investigative agency is possible."
Rep. Ko added, "It is not the stance of a ruling party to abolish something first and then fix problems if they arise," and that "the appearance of a party capable of governing would be to thoroughly examine the side effects and prepare safeguards before pushing forward."
Rep. Lee So-young also criticized the move on Facebook, stating, "It ultimately aims to create a 'document-centered' criminal justice system that asks prosecutors to judge whether to prosecute based solely on 'paperwork'," adding, "I do not understand why something that goes against the 'trial-centered' spirit—which seeks to bring criminal justice closer to the substantive truth—is being called reform."
Previously, Rep. Hong Ki-won of the same party also expressed his opposition, saying, "There is an opinion that if the supplementary investigation right is completely stripped away, there is a high possibility that social minorities will suffer damage." He plans to introduce a separate bill that would partially retain the prosecution's supplementary investigation rights.
The main opposition People Power Party has launched an offensive against the move, highlighting suspicions of collusion between the investigation team and the father of the Jang Yoon-gi murder suspect—a high-ranking police official—arguing that unilateral abolition by the ruling party could lead to public harm.
The People Power Party will hold a general meeting of lawmakers on the 13th to discuss additional countermeasures, including a bill to "retain supplementary investigation rights."
The Reform Party joined the offensive against the ruling party that day, releasing an opinion poll showing that 65.5% of citizens believe that "a prosecutor must conduct a direct investigation" in cases where problems arise during the police investigation process, similar to the so-called "Jang Yoon-gi case."
However, the Democratic Party maintains its stance of "abolishing supplementary investigation rights and establishing corresponding safeguards."
Acting Leader Han Byung-do emphasized on the 7th that "the complete abolition of supplementary investigation rights is the Democratic Party's unwavering principle, and there is no disagreement within the party," and mentioned on the 10th, "We are aware of the concerns being raised in some quarters. We will prepare robust safeguards during the Legislation and Judiciary Committee's review process."
Accordingly, the party's task force introduced a bill to amend the Criminal Procedure Act on the 9th, which abolishes the prosecution's supplementary investigation rights but strengthens the right to demand supplementary investigations, and the Democratic-led Legislation and Judiciary Committee has begun reviewing the bill.
The Democratic Party aims to process the Criminal Procedure Act bill as early as before the August 17th national convention.
In this regard, major leadership contenders, including former Prime Minister Kim Min-seok and former leader Jung Chung-rae, are repeatedly emphasizing their stance on "abolishing supplementary investigation rights," targeting the core voting base of the party's staunch supporters for the national convention.
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