National Assembly Speaker Park Byeong-seok proposed an arbitration plan to reduce the scope of the prosecution's direct investigation in relation to the so-called 'complete inspection' bill, which separates the prosecution's investigative powers and prosecution powers, and to form a special committee on judicial system reform in the National Assembly to discuss follow-up measures. It was proposed to the ruling party leader.
Chairman Park called the floor leaders of both parties on the morning of the 22nd and delivered eight mediation proposals to both parties, saying, "I have a belief that no matter how great a policy may be, unless it goes with the people, it will not succeed."
First, Chairman Park proposed that public officials, elections, defense projects, and major catastrophe crimes be deleted from among the crimes that prosecutors can initiate investigations under Article 4 of the Prosecutor's Office Act.
In this case, only two of the six major crimes that the prosecution can directly investigate are corruption and economic crimes.
After that, he said that if the capabilities of other investigative agencies other than the prosecution reached the level, they would abolish the direct investigation by the prosecution.
In addition, in order to reduce the total amount of direct investigation by the prosecution, it was proposed to reduce the existing 6 special divisions to 3 and to limit the number of special division prosecutors.
In addition, it prohibited investigations beyond the unity and identity of the crime in the case of transfer, and allowed the investigation of cases requesting corrective action by the prosecution and cases raised by the complainant within the scope of not compromising the unity and identity of the case.
Chairman Park also proposed the formation of a special judicial reform committee that was granted the right to review bills.
The special committee discussed the entire judicial system, including the Serious Crime Investigation Agency, and added that the heavy investigation agency could complete legislative measures within six months after the formation of the special committee.
At the same time, he suggested that the Heavy Indictment Agency be established within one year after the legislative action, and that the prosecution's direct investigation authority should be abolished when the Heavy Indictment Agency is launched.
In addition, Chairman Park also announced that the special committee should be composed of 13 members to discuss the adjustment of the authority of the investigation agency following the establishment of the Heavy Suspension Agency.
It was said that the composition of the special committee should consist of 7 Democrats, 5 people from the People's Power, and 1 non-subsidiary.
At the same time, it was also asked to discuss the fairness and neutrality of the investigative agency, as well as ways to guarantee judicial control.
In addition to the arbitration plan, it was proposed that the prosecution investigate the crimes of public officials in the Public Service Department, and that the prosecution reform bill be processed within this month.
Partial amendments to the Prosecutor's Office Act related to prosecutorial reform and partial amendments to the Criminal Procedure Act are to be implemented four months after the date of promulgation.
<Full text of the Arbitration Proposal by Chairman Park Byeong-seok>
1. The direct investigation and prosecution powers of the prosecution should be separated.
The prosecution's direct investigation power is temporary, and even in the case of direct investigation, the investigation and prosecution are separated.
2. In Article 4 (Duties of Prosecutors) of the Prosecutor's Office Act, "Crimes against public officials, election crimes, crimes against defense projects, and major catastrophes" in subparagraph 1 (a) of paragraph (1) shall be deleted.
When the crime response capacity of other investigative agencies other than the prosecution reaches a certain level, the prosecution's direct investigation authority is abolished.
3. In order to reduce the total amount of direct investigation by the prosecution, the current six special divisions will be reduced to three.
The number of remaining 3 special division inspectors is also limited to a certain level.
4. Investigations beyond the unity and identity of crimes are prohibited in the case of transfer (prohibition of separate investigations).
In the case of the prosecution's request for corrective action (Criminal Act, Article 197-3 (Corrective Action, etc.)) and the case raised by the complainant (Criminal Act Article 245-7 (Objection by the Complainant, etc.)), It stipulates that investigations can be conducted within the scope.
5. The Judicial Reform Special Committee, which grants the right to review bills, is formed.
The special committee discusses the entire judicial system, including the provisional name of the 'Serious Crime Investigation Agency (Korean FBI)'.
The Heavy Water Agency completes legislative actions within six months of the formation of the special committee and launches them within one year of the legislative action.
When the Central Intelligence Agency (the Korean-style FBI) is established, the prosecutor's right to directly investigate will be abolished.
The adjustment of the authority of other investigative agencies in accordance with the establishment of the Heavy Water Agency will also be discussed.
The Judicial Reform Special Committee is made up of 13 members and is chaired by the Democratic Party of Korea.
The committee consists of 7 Democrats, 5 People's Power, and 1 non-negotiating group.
The special committee will also come up with measures to ensure fairness, neutrality, and judicial control of all investigative agencies' investigations.
6. Crimes committed by public officials in the Public Service Department are included in the duties of the prosecution (Prosecutor's Office Act Article 4)
7. The Prosecutor's Office Reform Act will be dealt with during this special session of the National Assembly in April.
8. The related amendments to the Prosecutor's Office Act and the Criminal Procedure Act shall come into effect four months after the date of promulgation.
(Photo = Yonhap News)