methods, such as minimizing attendance investigations, and strengthening the right to know
of those subject to the departure ban are the parts that show the actual achievements of the
reform.642)
In principle, the issue of distributing the right to investigate and prosecute between the
prosecution and the police is a matter to be determined by a legislative policy, and there are
differences overseas depending on the conditions such as the type of country and the judicial
system of each country. Moreover, it is difficult to determine whether the establishment of
the National Police Bureau itself will negatively affect the independence of the police
administration or whether it will mitigate the power orientation of the police through
appropriate control over the police. However, it is also true that the background of such
discussions includes historical context in relation to differences of opinion on the subject and
the direction of the reform, and that there are concerns in various areas, including the civil
society.
In the end, both establishing an image of prosecution for the people and the human
rights-friendly police reform are the goals, substance, and performance criteria of the
reforms, as well as the prosecution’s function to protect the human rights and strengthening
the human rights guarantees during the police investigation process. Reorganization of the
criminal justice system should be planned, implemented, and evaluated in stages according
to systematic roadmaps or guidelines, and it is necessary to pursue this process stably by
collecting a wide range of opinions from experts, such as the National Assembly, civil
society, and academia.
Moreover, it is important to look at human rights issues that emerge in the process of law
enforcement as concerns were raised about the weakening of the judicial police officer’s
investigation control and damage to the judiciary vulnerable in relation to the objection
procedure during the process of amending the Prosecutor’s Office Act and the Criminal
Procedure Act in 2022, and to prepare an alternative so that the people's basic human rights
are not infringed at the scene of the investigation after the adjustment of the investigative
powers of the prosecution and the police.
642) Kim, Han-gyun, Sustainable Human Rights Guarantee Policies of Criminal Law Enforcement Agencies and Basic
Plan for National Human Rights Policies, 2022 Human Rights Policy Forum, Nov. 2022.
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