Cabinet approves bill ending prosecutors’ investigative powers

South Korea's Cabinet on Tuesday approved a major legislative reform that will strip prosecutors of their investigative powers, marking a pivotal shift in the nation's criminal justice system. The decision, made during a Cabinet meeting led by President Lee Jae Myung, clears the path for the most comprehensive overhaul of the legal framework in over seven decades. The bill was passed by the ruling Democratic Party of Korea in the National Assembly earlier this week, despite a boycott by the main opposition People Power Party. The proposed changes will transfer investigative responsibilities from prosecutors to the police, establishing a new Serious Crimes Investigation Agency under the Ministry of the Interior and Safety. Prosecutors will be restructured into a Public Prosecution Office within the Ministry of Justice, retaining only the authority to bring charges and prosecute cases in court. They will no longer have the ability to conduct supplementary investigations independently, though they can request police assistance. This restructuring aims to separate the roles of investigating and prosecuting, a move President Lee described as the first step toward normalizing an "abnormal" criminal justice system. Lee emphasized that the reforms were necessary due to decades of excessive and centralized prosecutorial power, which he claimed had been misused to suppress cases or target individuals unfairly. He cited instances where certain factions within the prosecution had conducted "fishing expeditions" or targeted probes, leading to severe consequences for innocent people, including suicides. However, he also acknowledged potential risks, warning that transferring investigative authority might lead to similar issues with the police gaining unchecked power. The bill, which will come into effect on October 2, includes staggered implementation timelines for specific provisions, ranging from six months to three years after promulgation. The president defended the legislation, stating that it does not meet the criteria for a presidential veto, as it is neither unconstitutional nor unenforceable, and does not conflict with national interests or executive powers. He noted that differences of opinion should not result in a veto, reinforcing his stance that the reform is justified and necessary. Acting National Police Agency Commissioner General Yoo Jae-sung and Justice Minister Jung Sung-ho were present during the Cabinet meeting, underscoring the involvement of key officials in the decision-making process. While the government frames the reform as a long-overdue correction, critics argue that the transition could create new imbalances, particularly if oversight mechanisms fail to prevent the police from becoming equally dominant in investigative matters. The debate reflects broader tensions within South Korea's political landscape, where institutional reforms often spark intense scrutiny and ideological clashes. As the law moves closer to implementation, attention will focus on how the new structure will function in practice, whether it will effectively address past abuses, and whether it will inadvertently empower another branch of law enforcement. The outcome of this reform will likely shape the trajectory of South Korea's legal system for years to come.