Police chief calls meeting to discuss stance and degree of protest


The controversial presidential decree on the enforcement of the Criminal Procedure Act, which defines investigative rights of the police and the prosecution was approved by the Cabinet on Tuesday.

The decree, drawn up by the Prime Minister’s Office in November, has been strongly criticized by members of the police force.

Following the cabinet’s decision, National Police Agency Commissioner General Cho Hyun-oh called a meeting of high-ranking officers.

At the meeting, the officers discussed the official stance the agency will take, and the degree to which it will protest the clauses regarding prosecutors’ control over police investigations.

“It is very hard to see in the decree the spirit of consensus among government organizations and the intent of revising the Criminal Procedure Act that started from the task of reforming the prosecutors,“ Cho said in a statement sent to police officers across the country.

“However, in the process so far, it was confirmed that Criminal Procedure Act needs to be revised again if investigative procedures are to be fundamentally reformed.”

He added that while a system where the police investigate and prosecutors indict is desirable, the police agency will push for the implementation of a compromised version.

Cho said that he would seek consultation with the prosecution to ensure police authority and roles well matched to an entity with independent investigation rights in the process of implementing the decree.

The presidential decree dictates all police investigations will be conducted according to written directives issued by public prosecutors.

However, the police have the right to ask for new directives when deemed necessary.

While the police have the right to conduct initial investigations internally without orders from the public prosecutors, all related documents and evidence need to be submitted to the prosecutors after the related procedures are closed.

With the decree reducing the police agency’s independence, officers across the country have protested.

Large numbers of police officers have returned their handcuffs and expressed their wish to give up posts in investigative branches.

Officers have also bombarded the homepages of politicians with posts expressing their opposition.

Prosecutors, in contrast, appear to be accepting the decision.

“Although there are some shortfalls with regards to legal principles, (the prosecutors’ office) will operate logically. The police will be commanded in the direction that can guarantee the police officer’s independence as much as possible,” the Supreme Prosecutors’ Office said in a statement.

The contrasting views of the two organizations and the resulting friction are drawing fire from the highest levels of government.

Saying that friction between the prosecutors and the police leads to adverse effects for the public, President Lee Myung-bak said the two organizations should cooperate.

“As the contents of the decree are within the boundaries of the Criminal Procedure Act, I think that it is the result of making the best of efforts,” Lee said.

“(Police and the prosecutors) need to establish and operate a committee democratically and fairly, and show cooperation in protecting the people’s human rights.”

By Choi He-suk (cheesuk@heraldcorp.com)