B. Main Topics 1) Controversy Over Adjustment of Investigative Powers and Problems with Investigation Procedures for Human Rights Protection A) Controversy over Amendment of the Criminal Procedure Act and the Prosecutors’ Office Act, and Establishment of the National Police Bureau Investigations of crimes prior to 2021 were carried out by the police under the direction of the prosecutors’ office.623) The police forwarded all the cases investigated to the prosecution (no right to terminate the investigation), and the prosecution who received the cases decided whether to exercise the right to prosecute. On the other hand, from 2021, according to the revised ‘Criminal Procedure Act’ and the ‘Prosecutor’s Office Act,’ the prosecution’s right to command investigations over the police is limited for crimes other than the six major crimes,624) and the police have the authority to make decisions to forward with prosecution or not on some cases. This change in the authority of the investigation is called ‘adjustment of prosecutor and police power,’625) for short. Since 2022, the Democratic Party of Korea, then the ruling party, promoted a complete separation of prosecution and police powers of prosecution and investigation through amendments to the Criminal Procedure Act and the Prosecutor’s Office Act. The main content of the two proposed amendment in April 2022626) was that investigations were the duties of judicial police officers (police officers), and investigations by prosecutors were limited to exceptional cases stipulated in other laws (crimes related to the duties of police officers, etc.). This proposed amendment was known as the “complete deprivation of the prosecution’s right to investigate.” 623) In the following, the investigation by the High-ranking Public Officials Crime Investigation Agency and the special judicial police officer will be discussed separately. 624) Corruption, economy, public officials, elections, defense projects, major disasters 625) According to the Policy Briefing of the Republic of Korea, the purpose of the adjustment of investigative powers between the prosecution and the police is to break away from the vertical relationship of command and supervision between the prosecution and the police, and to ensure that the investigative powers are exercised for the safety and human rights of the people through decentralization of investigative powers and mutual checks. 626) Co-sponsored by 172 representatives, including Rep. Park, Hong-geun, Bill No. 2115286, Apr. 15, 2022, Co-sponsored by 172 representatives, including Rep. Park, Hong-geun, Bill No. 2115284, Apr. 15, 2022 256

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