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“A sound criminal justice system is not one that places its trust in a particular institution, but one that does not place unconditional trust in any institution.”

A case recently referred by police to prosecutors as an “impulsive killing” was found, through a supplementary investigation by prosecutors, to have been a meticulously planned murder prepared for as long as a year. In the case of Jang Yoon-gi, who is accused of murdering a high school girl in Gwangju, prosecutors also uncovered evidence suggesting a sexual-crime motive and attempts to destroy evidence that had not been identified during the initial police investigation.

Chon Hyeong Hwan, a former police officer and now an attorney at MegaX Law Office, told New Daily in an interview on the 9th, “What these two cases demonstrate is not that prosecutors are superior, but rather a basic reality of criminal justice: gaps can arise in the initial investigation conducted by any investigative agency.”

“To uncover the substantive truth,” he added, “there must be a mechanism allowing another institution to independently cross-check the investigation.”

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— The Jang Yoon-gi case and the planned murder case in Hongseong have renewed attention on the need for prosecutors’ authority to conduct supplementary investigations. What is your view?

“I worked as a criminal investigator in the police and now, as an attorney, deal with investigations conducted by both the police and the prosecution. What these two cases demonstrate is not that prosecutors are superior, but rather a basic reality of criminal justice: there can inevitably be gaps in the initial investigation conducted by any investigative agency.

“In the Jang Yoon-gi case in particular, the suspect’s father was a serving police officer, and circumstances emerged suggesting both the leakage of investigative information and failures to secure evidence. This is not a question of the police’s investigative competence. It is a structural problem that can arise when an institution is required to investigate a case involving one of its own members.

“In the Hongseong case, the suspect had even made the weapon himself, yet the case was initially referred to prosecutors as an impulsive crime. It was only after communication records were reanalyzed that evidence of premeditated murder emerged. Given that the applicable statutory punishment can differ significantly depending on the criminal charge, this is an extremely important issue for victims and bereaved families.”

— The Democratic Party argues that prosecutors’ authority to directly conduct supplementary investigations should be abolished while their authority to request supplementary investigations should be made more effective. Could this serve as a sufficient alternative?

“The direction itself is worth discussing. However, there is no country that simply leaves police investigations subject only to requests that lack any coercive force.

“Under the amendments currently being discussed, even if police do not comply with a request for supplementary investigation, there is no effective means of exercising control over the case itself. If prosecutors’ authority to directly conduct supplementary investigations is to be abolished, meaningful enforcement mechanisms must be designed alongside the reform 

— such as disqualification measures, personnel or disciplinary consequences, mandatory referral of all cases, or judicial oversight, as seen in systems such as France’s.”

— What impact could abolishing prosecutors’ supplementary investigation authority have on the protection of victims of serious crimes?

“From a victim’s perspective, what matters is that the actual perpetrator is swiftly prosecuted under the appropriate criminal charge. In the Jang Yoon-gi case, the distinction between simple murder and murder committed in connection with rape or other sexual crimes, and in the Hongseong case, the distinction between an impulsive and a premeditated crime, can directly affect the applicable statutory punishment.

“Ultimately, the cost of gaps in the system is borne not by investigative agencies, but by the most vulnerable — the victims.”

— The Democratic Party is seeking to pass amendments to the Criminal Procedure Act before its party convention. Are you concerned about the pace of the legislative process?

“I am deeply concerned. The Criminal Procedure Act is the blueprint for the state’s exercise of its punitive authority. If a foundational law is pushed through according to a political timetable, the resulting confusion will ultimately fall on frontline investigators and the parties involved in criminal cases.

“The timetable for reform should be determined not by politics, but by the interests of victims and the public.”

— What should be the most important standard in the debate over abolishing prosecutors’ supplementary investigation authority?

“There is only one standard: not who holds the authority, but whether the system is structured to prevent innocent victims and wrongfully accused suspects from being created.

“A sound criminal justice system is not one that places its trust in a particular institution, but one that does not place unconditional trust in any institution. Whether prosecutors’ authority to directly conduct supplementary investigations is abolished or retained, there must remain an effective mechanism for independently cross-checking police investigations.”