Following President Lee Jae-myung’s announcement regarding prosecutors’ investigative authority, a surge of previously muted voices erupted within the ruling Democratic Party of Korea. The debate centers on whether to exceptionally guarantee supplementary investigative rights for prosecutors, and also encompasses differing views on the scope of investigations for the Serious Crimes Investigation Office (SCIO), which is proposed to handle nine types of serious offenses.
A Shift in Tone Within the Ruling Party
The Democratic Party of Korea is re-evaluating proposed legislation regarding prosecutorial powers and the scope of the Serious Crimes Investigation Office.
The Democratic Party of Korea convened a policy makers’ general meeting at the National Assembly on January 22nd to discuss the bill establishing the SCIO and related public prosecution office reforms. A noticeable change from previous meetings was the increased expression of support for allowing prosecutors exceptional, conditional supplementary investigation rights. Former prosecutor Rep. Park Gyun-taek argued, “If even exceptional and conditional supplementary investigation by prosecutors isn’t recognized, it will be difficult to protect suspects or victims who feel wronged.” Rep. Hong Ki-won echoed this sentiment, referencing the President’s remarks, stating, “Didn’t the President use the example of a situation where the statute of limitations is about to expire? He spoke in detail and in a reasonable manner.”
Kim Han-gyu, senior vice-presidential representative for floor policy, informed reporters after the meeting that there was a significant shift in opinion towards the government’s plan. He noted that many arguments were based on President Lee’s statements from the previous day. Rep. Hong Ki-won explained that “hard-line” lawmakers had previously made it difficult to challenge their positions, but President Lee’s intervention had “opened the door first, creating an atmosphere in which people can speak freely.” President Lee had indicated the need to maintain some prosecutorial supplementary investigation authority, stating, “There are exceptional cases where it is necessary” during a New Year’s press conference on January 21st.
Debate Over the SCIO’s Investigative Scope
The proposed scope of the SCIO’s investigations also sparked diverse opinions. The government bill outlines ‘nine serious crimes’ as the SCIO’s focus: corruption, economic crimes, offenses by public officials, election crimes, defense project irregularities, large-scale disasters, drug-related offenses, state crimes like civil war, and cybercrimes. While hardliners within the ruling party have consistently advocated for a narrower scope, opinions expressed on January 22nd ranged from limiting investigations to “corruption and economic crimes” to retaining the nine categories but defining their boundaries through enforcement decrees. Senior Deputy Representative Kim explained this range of perspectives.
- President Lee Jae-myung’s comments have spurred a re-evaluation of prosecutorial powers within the Democratic Party.
- There is growing support for allowing prosecutors exceptional supplementary investigation rights.
- The scope of the Serious Crimes Investigation Office’s investigations remains a point of contention.
- Legislative notice for the bill extends until January 26th, with revisions expected in February.
The legislative notice period for the bill concerning the SCIO and public prosecution service is scheduled to conclude on January 26th. The Democratic Party intends to align with this timeline “if possible,” but will prioritize gathering diverse opinions from within the party without being strictly bound by the deadline. Following this internal consultation, the government anticipates re-issuing a revised bill in early to mid-February, after discussions between party and government officials.
