[Police Must Change to Survive]<1> Must Prove Competence Matching Authority... 'Late Park Won-soon's Sexual Harassment Allegations' Truth Investigation at a Crossroads

Amendment to Criminal Procedure Act... Prosecution and Police as 'Horizontal Partners'
100 Years of Police History in Major Upheaval
Investigation Authority Adjustment Is Not Just About Expanding Police Power
'Police Reform' Must Proceed in Parallel
Fact-Finding Entirely Police Responsibility... Controversy from the Start

The era of prosecution and police investigation rights adjustment, transitioning to a 'horizontal relationship,' has begun. To prevent side effects from the strengthening of police authority, the introduction of the autonomous police system, which aims to realize the principle of 'checks and balances,' is also expected soon. The police, which started as the Police Bureau of the Provisional Government of the Republic of Korea in 1919, are now facing the most significant 'great transformation' period in their 100-year history. However, there is still a long way to go before becoming truly trusted by the public. The urgent task is for the police themselves to be reborn as an institution that democratically and efficiently controls the powers granted to them. Accordingly, this paper will examine the core issues of police reform?fair law enforcement, political neutrality, and democratic control?over three installments.

At a 'Second Press Conference on the Sexual Violence Case by the Seoul Mayor' held at an undisclosed location in Seoul on the morning of the 22nd, complainants and related parties, including Kim Jaeryeon, lead attorney of the law firm On-Sesang, attended. From the left: Ko Mikyung, Executive Director of Korea Women's Hotline; Kim Jaeryeon, lead attorney of the law firm On-Sesang; Song Ranhee, Secretary General of Korea Women's Hotline; Kim Hyejung, Deputy Director of Korea Sexual Violence Counseling Center; Lee Mikyung, Director of Korea Sexual Violence Counseling Center. Photo by Kang Jinhyung aymsdream@

[Asia Economy Reporter Lee Gwan-ju] The death of the late Park Won-soon, former mayor of Seoul, and the sexual harassment allegations have shaken the nation. Amid ongoing disputes over the truth and secondary victimization, the task of fact-finding falls solely on the police. However, from the outset, there has been continuous noise surrounding the police. Circumstances revealing that the fact of the complaint was leaked to Park’s side have made it impossible for the police who first received the complaint to be free from controversy. Meanwhile, some have expressed doubts about the police’s investigative will, citing the court’s dismissal of the police’s request for a communication warrant for Park’s mobile phone. With a major case occurring during a sensitive period of police leadership change, public attention is focused on whether the police can properly investigate a case involving a prominent figure of the ruling party. Starting as early as the second half of this year, the police’s investigative ability and will, which will be enhanced by the prosecution-police investigation rights adjustment, will be put to the test.

Earlier, the prosecution-police investigation rights adjustment bill (amended Criminal Procedure Act), promulgated in February, defined the police and prosecution as a horizontal cooperative relationship for the first time in the history of the Republic of Korea’s constitutional system. Once the law is enforced, the police will be able to investigate individual cases without receiving direction from prosecutors. As the prosecution’s investigative scope is limited, the police’s investigative authority will expand, and the police will be granted primary authority to conclude investigations. If the counterintelligence investigation authority of the National Intelligence Service is also transferred in the future, the police will truly become the nation’s representative 'investigative agency.'

This prosecution-police investigation rights adjustment was not simply pursued to increase police authority. Its purpose is to strengthen democratic decentralization, balance, and checks and balances within the criminal justice system, where investigation is conducted by the police, prosecution handles prosecution, and courts conduct trials. According to the 'National Institution Performance and Trust Evaluation' conducted by Korea Research in January, positive evaluations of the police were only 26%. In other words, it does not mean that the police are given authority because they are doing well.

Kim Chang-ryong, nominee for Commissioner General of the National Police Agency, appeared at the confirmation hearing held at the National Assembly on the 20th and responded to questions from lawmakers. Photo by Yoon Dong-joo doso7@

Therefore, what is being pursued simultaneously is 'police reform.' The introduction of the autonomous police system is representative. The aim is to prevent power centralization by distributing police duties to autonomous police and to implement security services that are closer to residents in the era of local autonomy. Reform of the intelligence police, which was controversial in the past due to illegal surveillance and political involvement, is also an important reform task for ensuring the political neutrality of the police. Securing the fairness and professionalism of investigations by the national police, which will be reorganized around the National Investigation Headquarters, is also crucial.

Professor Han Sang-hee of Konkuk University Law School recently defined police reform at a National Assembly forum as "an immediate task from the perspective of how to resolve the current problems the police have and the need for checks on the strengthened police power." Police reform, which disperses power, mutually checks, and balances, has become an inevitable trend of the times. While the police under the former Commissioner Min Gap-ryong focused on reflecting on past issues and drafting police reform plans, the next candidate for Commissioner Kim Chang-ryong has the important responsibility of delicately completing this work. Only when fair investigations, democratic control of the police, political neutrality, and strict law enforcement are guaranteed can the police regain public trust. The truth-finding of the late Mayor Park’s case will be the first step toward that goal.

This content was produced with the assistance of AI translation services.