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Justice Minister Cho Kuk announces plans for prosecutorial reform during a Blue House briefing on Oct. 8. (Baek So-ah

Justice Minister Cho Kuk announced plans for prosecutorial reforms a month after taking office. The reforms include adjustments to the prosecutors’ authority such as the abolition of their special investigation division and strengthening of their criminal and criminal trial divisions, as well as measures for human rights protections such as a ban on “pretext investigations” and limits on the lengths of investigations.

In a briefing on the afternoon of Oct. 8 at the Gwacheon Government Complex, Cho announced what he called a “plan for joint pursuit of prosecutorial reforms by the people and prosecutors.”

“We at the Ministry of Justice have reflected on the public’s attitude that prosecutorial reforms are necessary and urgent, and we are approaching this with the attitude that we will not get another opportunity,” he said that day.

“We have established plans for legislation and institutional measures to carry out prosecutorial reforms that cannot be undone,” he explained.

As a measure to reduce “direct investigations” – reported to be a key part of the reforms – Cho plans to leave just three prosecutors’ offices nationwide with direct investigation departments, including Seoul Central District Prosecutors’ Office. Prosecutor General Yoon Seok-youl previously announced his own plan on Oct. 1 for keeping only three special investigation departments nationwide. The special investigation departments are also to be renamed “anti-corruption investigation departments.”

Cho said, “There is a sense that special investigations are superior to ordinary investigations. We are changing [the departments] to anti-corruption investigation departments to match their actual nature.” As part of this, rules for the Supreme Prosecutors Office organization are to be amended within the month – although the need for a Cabinet vote means some time will likely be needed until the special investigation division is actually discontinued.

Another plan involves minimizing the number of prosecutors assigned to the special investigation division and outside organizations. To this end, Cho plans to set up a “prosecutor dispatching review committee” to hold reviews every three months on whether to extend dispatch assignments. In the past, many front-line prosecutors from the SPO have been assigned to major investigations, with some criticizing the resulting work burden for prosecutors in the criminal and criminal trial divisions.

Cho further plans to proceed immediately with plans for the Ministry of Justice to proactively exercise secondary inspection powers and administrative affairs inspection powers with regard to the prosecutors. This marks a slight retreat from the plan put forward by the second judicial and prosecutorial reform committee the day before, which would have abolished the prosecutors’ “auto-inspection” power.

Additional plans are meant to protect victim and witness rights. They include a plan on late-night questioning, which is seen as a representative example of an abuse, and a restriction on actual questioning times to a maximum of eight hours. Other measures include a ban on improper “pretext examinations” unrelated to cases and on the prolonging of investigations over long periods of time. The practice of having individuals report for questioning is to be minimized as having a potential impact on livelihoods.

Cho said he planned to enact these provisions as part of “investigation rules for the protection of human rights” in a Ministry of Justice order this month. Also to be enacted within the month are rules prohibiting leaks in criminal cases, which include plans on open summonses and the announcement of allegations.

Still other plans are intended to adjust the authority of prosecutors more broadly, including a shift away from having former prosecutors dominating major positions in the Ministry of Justice. These were presented by Cho in the form of “tasks to pursue within the year.” They include overhauls to the prosecutor appointment and case assignment systems, with the Ministry of Justice to take over state litigation matters partially entrusted to prosecutors. Reading and copying rights – a matter that has long been discussed but not resolved – are to be expanded and guaranteed. The right to assistance from counsel for suspects under questioning is to be increased, and administrative rules for investigations (concerning orders, directives, and official procedures) are to be announced and made public. Additional plans include measures to eliminate special treatment for attorneys who are former officials and to improve warrant request methods.

Cho said, “It’s often been difficult and painful from day to day, but I’ve been able to withstand it with the support of the public.”

“For the tasks I have promised to the public today, I intend to tend to each and every one and swiftly complete their legislation and institutionalization,” he added.

Cho promised to take steps to ensure his prosecutorial reform plans do not influence the investigation currently under way in connection with him.

Stating that there had been “no change” in his position that the prosecutorial reform plans should not be allowed to influence the investigation, he added that he would “make decisions in a cognizant way in order to allay all concerns.”

But the hasty pursuit of plans to eliminate the special investigation division and minimize dispatch assignments has raised concerns about possible pressure for prosecutors currently on the team investigating Cho.

“Even if the reform plans are implemented right away, prosecutors on the investigation team may feel pressure simply watching the process unfold,” said one figure from the legal community.

By Choi Woo-ri, staff reporter]

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