Democratic Party of Korea lawmakers Kim Seung-won, Kim Han-gyu, Park Sang-hyeok and Lee Hae-sik, members of the party's Criminal Procedure Act revision task force, submit a partial amendment bill to the Criminal Procedure Act at the National Assembly's bill-receipt office on Thursday. [Joint press pool]
Democratic Party of Korea lawmakers Kim Seung-won, Kim Han-gyu, Park Sang-hyeok and Lee Hae-sik, members of the party's Criminal Procedure Act revision task force, submit a partial amendment bill to the Criminal Procedure Act at the National Assembly's bill-receipt office on Thursday. [Joint press pool]

The Democratic Party of Korea on Thursday introduced a party-backed bill to completely abolish prosecutors' supplementary investigation powers under the Criminal Procedure Act. The bill would bar prosecutors from conducting direct investigations while strengthening oversight mechanisms — including the power to demand re-investigations, supplementary investigations and corrective measures, as well as to request the replacement of judicial police officers or the transfer of cases to other investigative agencies.

Four Democratic Party lawmakers submitted the bill to the National Assembly's bill-receipt office: floor policy deputy chief Kim Han-gyu, policy council social affairs deputy chair Park Sang-hyeok, Legislation and Judiciary Committee ruling-party whip Kim Seung-won, and Public Administration and Security Committee ruling-party whip Lee Hae-sik.

The legislation is designed to realign investigative authority ahead of the planned Oct. 2 launch of the Serious Crimes Investigation Agency and the Public Prosecution Service, while strengthening oversight of investigative bodies and expanding protections for victims and complainants. Provisions that previously named prosecutors as the lead investigators would be revised to designate judicial police officers and special judicial police officers — rather than prosecutors — as the responsible parties.

In place of prosecutors' supplementary investigation powers, the bill would bolster existing rights to demand corrective measures, re-investigations and supplementary investigations, enabling the Public Prosecution Service to check other investigative agencies. The deadline for exercising supplementary investigation demands would be capped at one month, with a single extension permitted. In urgent cases — such as when a statute of limitations is about to expire — prosecutors could set a shorter deadline.

The bill would also grant the power to demand the replacement of an investigator deemed unsuitable, directed to the head of the relevant prosecution office. Currently, only demands for removal from duty and disciplinary action are permitted. Grounds for transferring a case to a different investigative agency would also be established. If an investigator is suspected of criminal conduct or is otherwise deemed unfit to handle a case, the bill would allow the case to be reported and transferred to another investigative body, such as the Serious Crimes Investigation Agency.

The rights of complainants and victims would also be expanded. When improper investigation is suspected, not only the original complainant or victim but also their legal representative would be able to file a report. Prosecutors would be required to notify the reporting party of the case's progress. The right to appeal a decision not to refer a case for prosecution would be extended from complainants to informants, and prosecutors would be required to notify both complainants and informants when demanding a re-investigation.

The maximum detention period would remain at 30 days, but the bill would shift authority to extend that period to the police. "Currently, police can hold a suspect for 10 days and prosecutors for 10 days, with a possible 10-day extension," Kim Han-gyu said. "Going forward, since prosecutors will no longer conduct direct investigations, police would handle any necessary 10-day extension."

On the conditions for triggering disciplinary demands, Kim Han-gyu said investigators who fail to comply without justifiable cause would face disciplinary action. "There is no specific standard defined for what constitutes justifiable cause," he said, "but the investigative agency itself must demonstrate that such cause exists. If prosecutors demand supplementary investigation and the agency fails to comply within the deadline, the investigator becomes subject to disciplinary action, removal from duty and replacement."

Lee Hae-sik said the question of how to maintain democratic oversight of police — as they gain the power to initiate and close investigations — has been under discussion for quite some time. "The current Police Commission does not hold the status of a deliberative administrative body," he said. "We are working to make it substantive and, in the long term, preparing to introduce a system of autonomous local policing."

The Democratic Party's Criminal Procedure Act amendment bill introduced Thursday is expected to be referred directly to the first subcommittee of the Legislation and Judiciary Committee, which meets Friday, for consolidated review. The full committee held a plenary session Wednesday to table bills introduced by Democratic Party lawmaker Kim Yong-min, Rebuilding Korea Party lawmaker Park Eun-jeong and Rebuilding Korea Party lawmaker Cha Gyu-geun. Kim Seung-won said the subcommittee plans to meet once or twice a week to conduct intensive and expedited deliberations.


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