Respect parliament`s decision

The National Assembly has passed a revised bill on criminal investigation procedures, including the adjustment of investigative authority between prosecutors and police. The bill includes a clause that issues related to the power of prosecutors shall be designated by presidential decree (Article 169 Section 3), which prosecutors strongly opposed in the end. Prosecutors blasted the clause portending Prosecutor General Kim Joon-gyu’s resignation, and all five high-level prosecutors tendered their resignations, pressuring on the National Assembly. Since an overwhelming number of lawmakers (175 of 200) passed the bill, prosecutors should respect parliament`s decision and withdraw their resignation letters.

Prosecutors warn that if a presidential decree determines the specific rules of investigation, the autonomy of prosecutors or the quasi-judiciary body will be undermined. The prosecutors` claim that a Justice Ministry decree protects their independence whereas the presidential decree harms is unconvincing. Moreover, Article 196 Section 1 of the Criminal Procedure Act stipulates that police shall investigate crimes as judicial police officers under instructions from a public officer. Nonetheless, the spirit of the higher law should be respected whether done by a decree from the Justice Ministry or the president.

The dispute over stipulating the police’s right to start investigation might never end if prosecutors continue their opposition even after legislation. It could be seen that quasi-judiciary body takes the initiative in rejecting laws. The Justice Ministry is where prosecutors belong and the Public Administration and Security Ministry is where police belong. Yet it is reasonable to set rules by presidential decree that requires agreement among relevant departments.

A mass resignation of leading prosecutors will be seen as an action serving their own interests by pressuring the president and the National Assembly. Prosecutors should not protest against the prosecutor general and justice minister for not sticking to the original plan. Prosecutor General Kim has one and a half months left in his term, and what he should do is not tender his resignation but stabilize his organization.

The people cynically see the struggle between prosecutors and police, who are apparently fighting for their own interests. Police and prosecutors must exercise their right to start investigations and command from the people’s perspective and restore social justice with strict and speedy investigations and prosecution. Neither the right to start investigations nor the right to command shall be abused.

Korean society does not seem to care about the people’s convenience or rights as conflicts among interest groups to protect their own interests have gone too far. If prosecutors act only to serve their own interests in the debate over who holds investigative rights, they will end up losing the people’s confidence and their authority.