Lee declines to veto bill ending prosecutors' supplementary investigation powers

President Lee Jae Myung said Tuesday that he will not veto revisions to the Criminal Procedure Act abolishing prosecutors' authority to conduct supplementary investigations.

"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 the national interest or an infringement on the executive branch's inherent authority — to the extent that it justifies denying the National Assembly's legislative power," President Lee said during opening remarks at a Cabinet meeting.

The centerpiece of the revised law is a complete ban on direct investigations by prosecutors, including supplementary investigations. Instead, prosecutors may only request that investigative agencies conduct supplementary investigations.

Lee said a presidential veto cannot be exercised simply because of a difference of opinion, citing that under the principle of the separation of powers, the exercise of authority by another branch must violate the constitutional order before its authority can be denied.

"All powers granted by the sovereign people must be exercised transparently and fairly based on the principle of checks and balances," Lee said. "This is the foundation of national sovereignty, democracy and the rule of law, and a fundamental prerequisite for better protecting the people's human and universal rights."

Lee argued that prosecutors had exercised excessive authority throughout the criminal justice system, from investigations and indictments to requests for arrest warrants.

"Some groups within the prosecution have abused the authority to investigate for the purpose of prosecution as though it were absolute power,” the president said. “They have repeatedly treated as routine practices the covering up of existing cases or conducting unrelated investigations, fishing expedition tactics and targeted investigations to punish predetermined individuals.”

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

Lee described the revision to the Criminal Procedure Act as "a necessary measure to ensure that all state power, without exception, is placed under the people's oversight in order to better protect the lives of the people."

He, however, also acknowledged the need for follow-up measures to prevent the police from accumulating excessive investigative authority.

"While the National Assembly's revision to the Criminal Procedure Act has laid the groundwork for normalizing the criminal justice system, concerns are also growing over the concentration and expansion of investigative authority within the police," Lee said. "To address these concerns, follow-up measures, including revisions to relevant laws or institutional reforms, are essential."

Lee also called for efforts to ensure that the transition to the new investigative system does not harm the public.

"In particular, as the new investigative system takes root, there must not be even the slightest gap in ensuring the fairness of investigations and strengthening investigative capabilities so that the public does not suffer unjust harm," he said.

BY SHIN HYE-YEON [kim.jiye@joongang.co.kr]