Bill ending prosecution's investigation authority to become law after Lee declines to veto

A controversial bill abolishing prosecutors’ authority to conduct direct investigations will become law after the Cabinet approved it on Tuesday, with the revision set to take effect on Oct. 2.

"The separation of investigation and prosecution is the first step toward normalizing an abnormal criminal justice system," President Lee Jae Myung said as he presided over a Cabinet meeting at the Blue House in central Seoul.

The main opposition People Power Party (PPP) fiercely protested the revision of the Criminal Procedure Act railroaded by the ruling Democratic Party (DP) and called for a presidential veto after the bill passed the National Assembly on Friday. 

“There are many controversies and differing opinions, but it is difficult to conclude that this bill is so seriously flawed — whether because it is unconstitutional, unenforceable, harmful to national interest or an infringement on the executive branch's inherent authority — to the extent that it justifies denying the National Assembly's authority over legislation,” Lee said during the Cabinet meeting. “A veto should not be used simply because there is a difference of opinion.”

The DP has long pushed to reform the prosecution’s investigative powers, a key agenda of the liberal Moon Jae-in administration.

"Some groups within the prosecution have abused the authority to investigate as though it were absolute power,” Lee said. “They have repeatedly treated cover-ups in existing cases or unrelated investigations, fishing expedition tactics and targeted investigations to punish predetermined individuals as routine."

"Separating investigations from prosecutions is the first step toward normalizing an abnormal criminal justice system."

This marks the first major overhaul of the criminal justice system in 72 years. Under the revision, prosecutors would no longer be allowed to conduct supplementary investigations but would only be able to request that police carry out additional investigative work. Police would then have to complete the supplementary investigations within two months of receiving a prosecutor’s request.

The amendment also includes provisions that add reasons for dismissing indictments, including cases where prosecutors bring charges based on illegal investigations and cases where they abuse their power in deciding whether to prosecute.

The PPP has contended that the provisions would allow prosecutors to drop charges against Lee, who is facing five criminal trials that were suspended shortly after he took office in June of last year.

The DP has argued that the revision is meant to protect victims’ rights.

“This revision does not simply end prosecutors’ investigation rights,” DP spokesperson Park Hae-cheol said in a statement after the bill was passed. “It is a reform of the criminal justice system aimed at clearly defining the responsibilities of prosecutors and police, strengthening cooperation and checks between agencies and above all, providing stronger protection for the rights of victims.”

The PPP, however, has claimed that the bill works in favor of Lee himself. 

"In the end, the president approved a harmful law that hurts victims in order to erase his own criminal trials," PPP leader Jang Dong-hyeok said after the bill was passed. "He only thinks about himself. 'Igijeok Jae Myung' is the president's true name," playing off the Korean pronunciation of Lee's last name with the word for "selfish."

The amendment marks the end of the prosecution's investigative authority 78 years after the Prosecutors' Office Act was enacted in 1948.

As for the police’s investigation authority, Lee stressed the need for additional measures to keep its power in check.

“The National Assembly’s revision of the Criminal Procedure Act marks the first step toward restoring the criminal justice system, but it has also raised concerns about the police gaining a monopoly over investigations and becoming too powerful,” Lee said. “We must take follow-up measures, including revising relevant laws and improving the system, to address these problems.”

During the Cabinet meeting, Lee also addressed the capital gains tax revision after the government announced a change the previous day. The revision centers on changing the tax benefits for homeowners who sell their homes, requiring them to live in the property to receive larger tax deductions on profits made from increases in the home’s value. 

"If people receive such benefits because they happened to live in the property for a long time, then it is reasonable to provide deductions,” Lee said. “But if someone buys a home for investment purposes, earns billions of won and pays almost no taxes, it is unfair compared with the income earned by workers.”

BY PAIK JI-HWAN [paik.jihwan@joongang.co.kr]