[Seoul Jiji] In a written interview with Jiji Press, Kim Ei-won, the representative lawyer of the Disability and Human Rights Law Center, which provides legal support for people with disabilities and women in South Korea, emphasized that "it is the victims of the case who are the ones who will be the ones to blame" regarding the abolition of prosecutors' supplementary investigation rights. The main exchanges are as follows.
-What are your concerns about the abolition of the public prosecutor's office?
This increases the possibility that the case will be closed without an inadequate investigation. In cases involving people with disabilities, children, sexual violence, etc., it is difficult for the victim to clearly state from the beginning what was done to them, and the crime is often uncovered through investigation of people nearby. Investigation decisions (mainly by the police) can be wrong. For this reason, it is necessary for other agencies to review the investigation at least once. Those who suffer the most are the victims who are forced to sleep in tears due to erroneous investigations.
-What are the difficulties for socially disadvantaged people?
Under the new system, objections to police non-referrals are limited to three months, which is insufficient time for victims to sort out their problems. If the prosecutor determines that additional investigation is necessary after receiving an objection, he will ask the police or the Serious Crimes Investigation Agency to conduct a supplementary investigation. When cases are passed around between the police, the Public Prosecution Service, and the Bureau of Investigation, it is difficult to know which agency is responsible for handling the case.
-What is the difference with Japan?
For the past few years in South Korea, the ``separation of investigation and prosecution'' has been talked about as if it were a universal principle of criminal justice. In Japan, prosecutors' involvement in investigations and prosecution are both compatible. South Korea, on the other hand, has historically been influenced by Japan's criminal justice system, with the state responsible for investigation and prosecution. While maintaining this framework, South Korea has made drastic changes to its investigation structure, including abolishing the prosecutor's supplementary investigative powers. From now on, those involved in incidents will have to check for themselves the appropriateness of investigations by police and other authorities.
- Seven crimes, including sexual violence, domestic violence (DV), and child abuse, will be supplemented by the Special Investigation Agency.
It is expected that a considerable amount of work will be required just for the serious crimes that they are originally responsible for, and it is questionable whether it will actually work. It is also difficult to understand the reason for limiting the number to seven. In actual cases, it may not be possible to determine the exact charge from the beginning.
-What kind of improvements are needed?
Three things are necessary: (1) reinstatement of the referral of all cases (by the police), (2) reinstatement of prosecutors' authority to direct investigations, and (3) direct supplementary investigation by prosecutors to determine whether or not to indict. Cooperation between the police, the Public Prosecution Service, and the Bureau of Investigation should be clarified, and responsibilities should be stipulated to ensure that cases are not pushed onto each other.
