July 31 (Asia Today) — South Korea’s acting prosecutor general submitted his resignation Friday after the National Assembly passed legislation eliminating prosecutors’ authority to conduct supplementary investigations.

Koo Ja-hyun said he felt responsible for the overhaul of the country’s criminal justice system and had submitted his resignation.

“The revision to the Criminal Procedure Act, centered on abolishing prosecutors’ supplementary investigative authority, passed the National Assembly today,” Koo said at the Supreme Prosecutors’ Office in southern Seoul.

“I also feel a strong sense of responsibility that the law was revised while concerns raised by legal experts, other professionals and the public remain unresolved,” he said.

The National Assembly passed the bill Friday under the leadership of the governing Democratic Party.

The legislation bars prosecutors from conducting additional investigative work after receiving cases from police. Prosecutors will instead be required to ask police to perform supplementary investigations.

The Democratic Party says the change completes the separation of investigative and prosecutorial powers and prevents prosecutors from exercising excessive authority.

Opposition lawmakers, prosecutors and some legal experts have warned that the system could delay cases and weaken protection for crime victims.

Koo warns of investigative gaps

Koo said prosecutors needed to reflect deeply on their failure to earn public trust.

He said, however, that institutional reform should not undermine the prosecution’s responsibility to uncover the truth and protect victims and other people involved in criminal cases.

“Even when institutional reform is carried out for those reasons, the essential purpose of the prosecution system – discovering the substantive truth and protecting victims and other parties – must not be damaged,” Koo said.

Koo said he had repeatedly considered how the system could be changed while protecting citizens’ rights and safeguarding society from crime.

He said prosecutors had warned lawmakers that the revision could force them to make indictment decisions based only on written investigative records.

Under that structure, prosecutors could have difficulty independently checking disputed facts, identifying gaps in police investigations or responding directly to victims’ concerns, he said.

Koo also warned that repeatedly returning cases to police could create a more costly and inefficient process.

“Those concerns were not accepted and the amendment passed without change,” he said. “It is difficult to conceal my disappointment and sense of helplessness.”

Koo urged the government to conduct another review of possible gaps in the system after the legislation is formally transferred from the National Assembly.

“I sincerely hope our criminal justice system will develop in a direction that ensures every citizen is protected fairly under the law,” he said.

Prosecution faces another leadership vacancy

South Korea’s prosecution service has already been operating without a formally appointed prosecutor general.

Koo has led the organization in an acting capacity while serving as deputy prosecutor general.

His departure would leave the service under what South Korean media described as an “acting acting chief.”

If Koo’s resignation is accepted, Park Kyu-hyung, head of the Supreme Prosecutors’ Office’s planning and coordination department, is expected to assume the duties of acting prosecutor general.

The leadership vacancy comes as the government prepares to replace the existing prosecution service with a new Public Prosecution Office and establish a separate Serious Crimes Investigation Agency.

The Public Prosecution Office will focus on indictments and courtroom prosecutions, while the new investigative agency will handle major crimes previously investigated directly by prosecutors.

The two agencies are scheduled to launch Oct. 2.

The transition will require the government to determine how pending cases, personnel, records and investigative responsibilities will be transferred.

— Reported by Asia Today; translated by UPI

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