The government approved a revised bill that completely strips the prosecution of its direct investigative powers, including the authority to conduct supplementary investigations, during a Cabinet meeting chaired by President Lee Jae Myung Tuesday.
The approval of the prosecution reform bill clears the way for a sweeping overhaul of Korea's criminal justice system following its passage by the National Assembly, Friday.
The revised law, which will take effect on Oct. 2, will separate prosecutors' more than seven decades of authority to both investigate and indict. Lee has supported abolishing the prosecution's supplementary investigative powers — the reform's main point of contention.
The Cabinet meeting drew attention over whether the president would exercise his veto against the bill amid a dispute over allowing prosecutors to keep the authority to conduct supplementary investigations as a tool to verify evidence and address shortcomings in police investigations.
Prosecutors will retain only the authority to indict and may only request judicial police officers to conduct supplementary investigations.
Accordingly, the bill's parliamentary approval, pushed through by the majority-wielding ruling Democratic Party of Korea (DPK), was met with protests from the main opposition People Power Party (PPP). Public discontent has also intensified following allegations of police misconduct in a murder case involving a police officer's son.
Under the circumstances, Lee hinted that he was ruling out using his veto, noting that the bill did not present constitutional or legal defects serious enough to justify rejecting the legislation.
"Although there are many controversies and differing opinions, it is difficult to conclude that this bill is so seriously flawed, whether because it is unconstitutional, impossible to implement, harmful to the national interest or an infringement on the executive branch's authority,” he said. "It does not warrant rejecting the National Assembly's legislative authority."
Lee argued that a presidential veto should not be used simply because the executive disagrees with legislation, but only when a bill fundamentally violates the constitutional order or the authority of the National Assembly.
The president accused prosecutors of abusing their broad investigative authority for decades, saying some had used supplementary investigations to cover up cases or conduct sweeping and targeted investigations against predetermined individuals.
"The separation of investigation and indictment is the first step toward reforming an abnormal criminal justice system," Lee said, adding that all state institutions exercising public authority should remain subject to public oversight.
Nevertheless, Lee acknowledged concerns that stripping prosecutors' supplementary investigative powers would significantly expand police authority, saying stronger oversight and accountability would be essential under the new system.
"The police will now be given enormous authority. We cannot help but wonder whether that will be safe," he said.
The president called for tougher disciplinary measures against police officers found guilty of investigative misconduct, suggesting dismissal or a permanent ban on investigative duties in serious cases to strengthen accountability.
**Opposition parties, civic groups push back **
After the bill's parliamentary passage, the PPP urged Lee to exercise his veto, warning that the measure would create investigative gaps, delay criminal investigations and ultimately weaken protections for victims of crime.
PPP leaders also warned they would step up political pressure if the president declined to exercise his veto.
The conservative minor Reform Party similarly called on Lee to use his veto, citing a party-commissioned poll showing that nearly 60 percent of respondents favored a veto, while in response to another question, 64 percent said the bill would worsen the environment for criminal investigations.
Civic groups, particularly those focused on women's rights, have also raised concerns over the legislation.
Six advocacy groups, including the Korea Sexual Violence Relief Center and the Korea Women's Hot-Line, warned that eliminating prosecutors' supplementary investigative powers could weaken protections for victims of sexual violence and other vulnerable groups by removing an important layer of review in criminal investigations.