Eunjung Park Proposes "Jang Yungi Prevention Bill"... "Blocking Conflicts of Interest in Investigation Agencies"

A so-called 'Jang Yunki Prevention Act' (Partial Amendment to the Criminal Procedure Act), aimed at institutionally blocking conflicts of interest among investigative agency personnel, has been proposed in the National Assembly.

Eunjung Park, member of the Party for Justice and Innovation. Photo by Yonhap News Agency

On July 21, Eunjung Park, a member of the National Assembly's Legislation and Judiciary Committee from the Party for Justice and Innovation, held a press conference at the National Assembly's communication center, stating, "The core of the amendment is to introduce disqualification, challenge, and recusal systems under the Criminal Procedure Act for prosecutors and judicial police officers, just as they exist for judges."

According to Assemblywoman Park, the current Criminal Procedure Act stipulates disqualification, challenge, and recusal provisions for judges in order to ensure the fairness of trials, but there are no equivalent statutory provisions for prosecutors or judicial police officers, who are in charge of investigations.

The proposed amendment requires that prosecutors or judicial police officers—or prosecutors themselves—be disqualified from specific investigations or step aside if they have a private interest, such as a family relationship with a suspect or victim, or if they have any professional connection closely related to the case.

Furthermore, if there are circumstances that make it difficult to expect fairness in an investigation, parties involved in the case, such as suspects or victims, would be allowed to request the recusal of the relevant prosecutor or judicial police officer, thereby systematically controlling conflicts of interest within investigative agencies.

Assemblywoman Park commented, "Even when prosecutors had investigative authority, repeated misuse of investigative powers in sexual violence cases was apparent, as seen in mishandled incidents such as the Kim Hak-ui case, Jindonggyun case, and Antaekeun case." She further pointed out, "The essence of the Jang Yunki case lies not in the prosecutor's supplementary investigation authority, but in the failure to control conflicts of interest within investigative agencies." She continued, "Establishing an institutional mechanism to thoroughly eliminate conflicts of interest within investigative agencies is an alternative that can prevent a second Jang Yunki case. Under the fundamental principle of separating investigation and indictment, we will continue to pursue legislation to establish a fair investigative system and substantively protect victims' rights."

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