Second, since separation from the ‘separation of investigation and prosecution’ is not a
formal and functional division of labor, but presupposes cooperation and checks; therefore,
a discussion on this is necessary. Rather than focusing on deleting the prosecution’s
authority to initiate an investigation, the prosecution needs to focus on redefining its role as
a collaborator in police investigations by looking into whether the arrest of the criminal and
the collection of evidence are lawful, whether there were any violations of human rights,
controlling the police, looking at the arrested criminal and whether the collected evidence is
sufficient to obtain a conviction, and examining whether the law applied by the police and
the direction of the investigation are appropriate in the course of the police investigation.640)
Third is related to the democratic control of the police and the status of the National Police
Commission. The National Police Agency was promoted to an independent agency with the
enactment of the Police Act in 1991, and a certain level of independence was recognized to
be free of influence from other administrative department, including the Ministry of the
Interior and Safety. However, as the importance of the role of the National Police
Commission has increased, but it was not given the appropriate organization or the status
needed.641)
C) ‘Human Rights Protection’ as the Final Goal of the Criminal Justice System Reform
The public authority of a state has a great responsibility to enforce the law accurately and
equally to realize justice, uphold human rights, and protect the social safety net. Therefore,
if the final goal of the investigative practice reform is the respect for human rights, aside
from allocation of investigative authority and organization form, it is necessary to pay close
attention to the opinion that the prompt confirmation and implementation of the prohibition
of disclosure of criminal cases, the prohibition of long-term investigation and late-night
investigations, unreasonable separate investigations and restrictions on prolonging the
investigation, the strengthening of the office inspection of the high prosecutor's office for the
prosecution's direct investigation, the realization of human rights-friendly investigation
640) Kim, Ji-min, Task to Realize the Principle of Separation of Investigation and Prosecution, Nov. 21, 2022.
641) Park, Byeong-wook, Problems with the establishment of the National Police Bureau and the need for practical
implementation of the National Police Commission, Nov. 11, 2022.
260
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