A rational direction for prosecution reform

The prosecution reform, led by the government and the ruling party, aims to abolish the Prosecutor's Office and replace it with the Public Prosecution Service, establish a new Central Investigation Office to investigate serious crimes, establish a National Investigation Commission to resolve investigation-related complaints, resolve conflicts between investigative agencies, to faithfully protect the rights and interests of the people and fundamental rights, and prevent corruption within the prosecution. The goal is to put an end to the political prosecution's practices, including unfair investigations and unreasonable prosecutions. However, in my view, political prosecutors are a product of politics, and reforming the prosecution is about making the prosecution independent from politics. Only an independent prosecution can be neutral and not be subordinate to political parties. In order to achieve reasonable prosecution reform, it is necessary to acknowledge that the most fundamental and effective method is to prohibit political activities by prosecutors and establish a prosecutorial personnel system that is not influenced by political powers such as the President or the Minister of Justice. Moving forward along that path is the first step toward true prosecution reform. Rather than reforming the prosecutors who are swayed by politics, we need to reform the politics that sway the prosecution, which should be independent and neutral.

Authors

Publication Details

Journal
The Korean Association of Criminal Procedure Law
Published
2025-09-30
DOI
https://doi.org/10.34222/kdps.2025.17.3.5
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

A rational direction for prosecution reform

Sung‐Ryong Kim
The Korean Association of Criminal Procedure Law
European Criminal Justice and Data Protection
article

A rational direction for prosecution reform

Sung‐Ryong Kim
article en

Abstract

The prosecution reform, led by the government and the ruling party, aims to abolish the Prosecutor's Office and replace it with the Public Prosecution Service, establish a new Central Investigation Office to investigate serious crimes, establish a National Investigation Commission to resolve investigation-related complaints, resolve conflicts between investigative agencies, to faithfully protect the rights and interests of the people and fundamental rights, and prevent corruption within the prosecution. The goal is to put an end to the political prosecution's practices, including unfair investigations and unreasonable prosecutions. However, in my view, political prosecutors are a product of politics, and reforming the prosecution is about making the prosecution independent from politics. Only an independent prosecution can be neutral and not be subordinate to political parties. In order to achieve reasonable prosecution reform, it is necessary to acknowledge that the most fundamental and effective method is to prohibit political activities by prosecutors and establish a prosecutorial personnel system that is not influenced by political powers such as the President or the Minister of Justice. Moving forward along that path is the first step toward true prosecution reform. Rather than reforming the prosecutors who are swayed by politics, we need to reform the politics that sway the prosecution, which should be independent and neutral.

The Korean Association of Criminal Procedure LawVol. 17(3)
Openalex Percentile: Top 67%
European Criminal Justice and Data Protection
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