Prime Minister Kim Min-seok stated on the 25th that the government has determined to completely eliminate the prosecution’s authority for additional investigations, without any exceptions. Furthermore, the administration has chosen not to present its proposal for this change to the National Assembly, opting instead to let the Assembly handle the relevant discussions.
With the Democratic Party’s strict faction, including former representative Jung Chung-rae—who is running for re-election as party leader before the August convention to choose the next leadership—gaining strength in their push for the “total elimination of the prosecution’s authority for additional investigations,” the government chose to abandon earlier talks at the official level and align with the desires of its core supporters.
The People Power Party questioned, “Is the party leadership contest more significant than South Korea’s criminal justice system?” and stated, “The Democratic Party is not currently focusing on the citizens of South Korea but is recklessly moving forward, solely paying attention to the cheers of Lee Jae Myung’s enthusiastic young female supporters, known as ‘Gaeddal’ and ‘daughters of reform.’”
The Prime Minister conducted a press briefing at the Seoul Government Complex on the same day, saying, “After considering various opinions that the government has discussed and listened to, we have decided to abolish the prosecution’s authority for additional investigations as the government’s main position.” Prime Minister Kim further mentioned, “The core principle of the prosecution reform being pursued by the Lee Jae Myung administration is the division between investigation and prosecution,” and noted, “We will communicate the government’s main position to the party and, after that, will respect the National Assembly’s discussions and decisions instead of introducing a separate legislative bill.”
The government has been considering changes to the Criminal Procedure Act, including whether to keep the prosecution’s authority for additional investigations, since forming the Prosecution Reform Promotion Team under the Prime Minister’s Office in October of last year. The Prosecution Reform Promotion Team had almost completed the draft government proposal after holding many public hearings and discussions. However, Prime Minister Kim’s statement that the government would not present a separate proposal to the National Assembly made the work of the Prosecution Reform Promotion Team effectively meaningless. It was reported that neither the Prosecution Reform Promotion Team, the Ministry of Justice, nor the Supreme Prosecutors’ Office had been informed about Prime Minister Kim’s announcement beforehand.
An interpretation suggests that Prime Minister Kim’s urgent press conference to announce the position on eliminating the prosecution’s authority for additional investigations is not separate from the internal leadership contest within the Democratic Party. President Lee had previously highlighted the importance of supplementary investigations in extraordinary situations, saying, “Blocking even extremely rare cases could cause issues later,” while Prime Minister Kim, during a press conference on the 22nd, stated, “Full abolition is correct,” but also mentioned, “I completely understand President Lee’s perspective” and emphasized the need for further discussion. Three days later, Prime Minister Kim’s declaration regarding the “complete elimination of the prosecution’s right to conduct supplementary investigations” is seen as a move to avoid being left behind in the clear-cut rivalry with former representative Jung Chung-rae, who has consistently advocated for the “total elimination of the prosecution’s right to supplementary investigations.”
It was reported that Prime Minister Kim held discussions about the press conference with President Lee. Kang Yu-jung, a senior spokesperson for Cheong Wa Dae, commented on the same day, “The government’s position has become more defined through the Prime Minister’s statement.” The People Power Party remarked, “The government’s decision did not align with the people’s rights or the stability of the criminal justice system. In the end, it opted for the strict approach of former representative Jung, who is supported by the ‘enthusiastic young female followers of Lee Jae Myung, known as ‘Gaeddal,’ and the ‘daughters of reform.’”
Prime Minister Kim and former representative Jung had another disagreement on the same day. Concerning the delay in discussions about ending the prosecution’s authority for additional investigations, Prime Minister Kim mentioned during a press conference, “We initially intended to speed up the process and address it in May, but it was delayed at the party’s request before the local elections,” placing the blame on the Democratic Party’s leadership. In response, former representative Jung posted on Facebook, “Not submitting a government proposal? One can’t help but question if they’ve wasted a year,” and added, “I sincerely hope this isn’t a tactic to gain time.” He also proposed, “Let’s complete the legislation to eliminate the prosecution’s right to supplementary investigations before Constitution Day.”
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