An incumbent judge has said that the restructuring of the investigative authority between the prosecutor and a police officer and the complete deprivation of the prosecution’s investigation rights pushed ahead by the Moon Jae-in administration have weakened the nation’s investigative capabilities, transforming the country into a “paradise for fraudulent crimes.” Such a remark was made by Judge Mo Sung-joon of the High Court in Daejeon in his recently published book. “While the National Assembly vocalized for justice, it consistently passed laws complicating the investigation and punishment of fraudulent criminal organizations, greatly undermining the country’s investigative capacity.” Consequently, domestic fraud crimes surged from 270,000 in 2018 to 320,000 in 2022, just a year after the investigative powers were adjusted. The total fraud damage amounted to 29 trillion won ($ 21.76 billion). The failure of the system only intensified the damage to the public.
The adjustment of the investigative authority between the prosecutor and police officer puts the police in charge of investigations while eliminating the prosecutor’s right to lead and control investigation. The legislation has also significantly reduced the prosecution’s investigation rights by limiting prosecution probes to only a few types of crime. Judge Mo highlights that the separation of investigation procedures and the intricate procedures hinder the process of criminal investigations. Previously, all cases were handed over to prosecutors by the police, allowing prosecutors to supervise or independently initiate additional inquiries. However, under the revisions, if the police opted not to transfer a case to the prosecutor, prosecutors can only launch a further investigation if the directly involved party appeals. Critics argue that the police’s closure of probes causes delays, and police are overwhelmed, with investigations into complainants often commencing months after the initial complaint. The average processing time per case has risen from 48 days in 2018 to 67 days in 2022, indicating a deterioration rather than an improvement.
Judge Mo strongly criticizes the amendments made to the Criminal Procedure Law during the Moon administration, particularly the provision allowing the admission of evidence from prosecutors’ interrogations only if the defendant consents in court. In cases where the leader of a criminal organization denies charges in court and subordinates who initially confessed retract their statements, the impact can be nullified. “The revision has handed the police a powerful tool to undermine law enforcement efforts,” said Moon. Such a scenario is currently playing out in courtrooms across the nation.
The prosecution reform implemented by the Moon’s administration was aimed at hindering investigations into their government. The overhaul of the criminal justice system, a pivotal force in people’s lives, occurred without thorough debate and deliberation. These changes have not only diminished the effectiveness of present-day investigations but also resulted in delays in legal proceedings.
