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South Korean National Assembly Pushes Through Controversial Criminal Procedure Act Amendment

Seoul: On July 31, the Democratic Party of Korea successfully pushed an amendment to the Criminal Procedure Act through the National Assembly plenary session. This amendment effectively abolishes prosecutors' authority to conduct both direct and supplementary investigations. Cheong Wa Dae announced its respect for the legislative process and decision, indicating that President Lee Jae Myung will not exercise his veto power. Consequently, starting October 2, when the Korean Prosecution Service is restructured, prosecutors will lose the ability to conduct supplementary investigations even if they find deficiencies in cases referred by the police.

According to Yonhap News Agency, the amendment has sparked significant controversy due to its sweeping changes to the nation's criminal investigation system and potential impacts on public protection from crime. The Democratic Party's decision to proceed without sufficient deliberation or debate has been met with criticism for ignoring the concerns of crime victims and widespread public opposition. Critics view this move as legislative overreach, leveraging the parliamentary majority to push through legislation against public sentiment.

The legislative process's one-sided nature has raised concerns about the state of democracy in South Korea. Furthermore, the last-minute addition of a clause expanding judges' grounds to dismiss prosecutions, without meaningful debate, has led to suspicions regarding the amendment's true intent. The revised law introduces vague terms such as "serious illegality" and "gross abuse of prosecutorial discretion," granting courts broad discretion to terminate trials, potentially undermining the judicial process.

Concerns have arisen that the amendment's real aim is to ensure the dismissal of President Lee Jae Myung's criminal trials through judicial decisions after he leaves office, even if prosecutors do not withdraw indictments. A Gallup Korea survey last month revealed that 61 percent of the public supports retaining supplementary investigative authority, compared to 23 percent favoring its abolition. This support stems from public understanding of the potential negative consequences of abolishing such powers.

Cases like the "Gwangju high school girl murder" and the Busan spinning kick attack underscore the importance of supplementary investigations, as prosecutors uncovered critical evidence only after conducting further inquiries. These findings have led to harsher sentences for perpetrators and public appeals to preserve supplementary investigative powers.

Despite calls to retain supplementary investigation powers, particularly in cases involving vulnerable victims, such as women and people with disabilities, these appeals were rejected. As a result, prosecutors are now limited to requesting additional investigations, potentially delaying case resolutions and causing victims to provide repeated statements. The public, ultimately, may bear the consequences of these changes.

The Democratic Party is now facing calls to take full responsibility for the hastily implemented overhaul of the criminal justice system. Although a presidential veto appears unlikely, President Lee Jae Myung may also share responsibility for the ramifications of this legislative decision.

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