opinion that it was not appropriate to discipline for attending the meeting. In the end, the
National Police Bureau, with 3 divisions and 16 members, was established within the
Ministry of the Interior and Safety, but controversy continues in the process of budget
allocation at the National Assembly Budget and Accounts Special Committee in Nov.
B) Debate on ‘How to Guarantee the Human Rights of the People’
The police and prosecutors, who are in charge of investigation and criminal law
enforcement, are institutions with special powers that have the responsibility to protect the
human rights of the people, as well as the public power that can infringe or restrict the human
rights of the people. The two cases in 2022 related to the adjustment of the investigative
powers of the prosecutors and police, the pros and cons from the police, prosecutors, and
politicians, were ostensibly a debate over “how to guarantee the human rights of the people.”
Behind this was a clear difference in the perspective on ‘who is the target of the reform’ in
relation to the distribution of power between the prosecution and the police. Setting this
aside, it is necessary to examine the diverse opinions on the guarantee of human rights in the
investigative process related to the amendment.
First, after the adjustment of the investigative powers of the prosecutors and police in
2021, the issue is that the basic human rights of the people are being violated as the
investigation is delayed at the scene of the investigation and proper guidance is not provided
to the persons concerned. As the police takes charge of most of the investigations of criminal
cases, the number of cases involving one investigator increased significantly, but inadequate
staffing led to a decline in professionalism.638) According to the Korean Bar Association,639) a
result of a survey showed that 73.5% of the lawyers who represented criminal cases
experienced delays in investigations at the police stage, and 66.1% responded that they view
the police's delays in investigations seriously after the adjustment of the investigative
powers.
and it is known that Superintendent Ryu applied to the Appeals Review Committee and the court to cancel the
disciplinary action and to suspend the validity, respectively.
638) Hankyoreh, Piling investigation ... No one is satisfied after 1 year, Apr. 22, 2022.
639) Korean Bar Association Press Release, May 1.
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