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Gov’t and Ruling Party Stand Firm on Removing Investigative Rights from Prosecution

Seoul: The government and the ruling party reaffirmed their commitment to eliminating the prosecution's investigative power under comprehensive reforms set to be implemented later this year, despite opposition demands to maintain the agency's right to conduct supplementary investigations.

According to Yonhap News Agency, the ruling Democratic Party (DP) and a government task force on prosecution reform convened a public discussion to deliberate whether the prosecution should retain the ability to conduct supplementary investigations under the new legislation. This reform aims to transform the prosecution into a new agency responsible solely for indictment and court proceedings, devoid of any investigative authority.

Yoon Chang-ryeol, minister of the Office for Government Policy Coordination and head of the task force, emphasized during the discussion that the legislation's passage has created a clear distinction between the roles of investigative and indictment agencies. "The government is in the process of upgrading specific procedures within the framework of the revised criminal justice system," he stated, highlighting the pragmatic nature of the ongoing discussions.

Prime Minister Kim Min-seok has also advocated for discussions on this issue, adhering to the principle that the prosecution's investigative rights should be completely abolished as initially planned. The DP has been a longstanding advocate for restructuring the prosecution service, accusing it of abusing its power to target liberal politicians, such as the late former President Roh Moo-hyun, who died amid a prosecution-led corruption probe.

Current President Lee Jae Myung is also claimed to be a victim of the prosecution's alleged misuse of power. He faced multiple corruption trials before his election and inauguration in June 2025, which were subsequently suspended.

The reform legislation, passed by the National Assembly and the Cabinet in March, is set to take effect in October. It calls for dismantling the prosecution and creating two new agencies dedicated to investigation and indictment, respectively. However, this legislation has drawn criticism from the opposition and other detractors who argue that entirely removing the prosecution's investigative rights could lead to negative consequences, as the prosecution has traditionally compensated for deficiencies in police investigations.

Critics suggest that the prosecution should retain at least some level of investigative authority. In response, Rep. Han Jeoung-ae, the DP's chief policymaker, stated during the discussion that reforming the prosecution is a "stern order from the people and calls of the age." She assured that the party's policymaking committee is committed to upholding the original objectives of the reform while seeking forward-looking solutions to prevent any adverse effects.

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