Police agency sends out guidelines limiting prosecutors’ influence


The controversial presidential decree on the enforcement of the Criminal Procedure Act hit a roadblock on Monday, only two days after its implementation.

On Monday, Suseong Police Station in Daegu refused to carry out directives from the city’s prosecutors’ office to conduct an internal investigation, becoming the first police station to do so.

“With the decree going into effect, the prosecutors can direct investigations, but an internal process is the stage that comes before investigation so the directive was not accepted,” an officer at Suseong Police Station said. He added that the decree does not state that the police must follow directions in internal investigation processes and appeals lodged to the prosecutors’ office.

“I explained the situation to the prosecutor in charge and he said that he will make enquiries with the Supreme Prosecutors’ Office.”

According to officials, the Daegu station’s actions were carried out in accordance with the National Police Agency’s guidelines distributed on Dec. 30.

The guidelines limit the prosecutor’s authority to order an end to or transfer of an investigation to cases in which a suspect’s rights are severely infringed upon.

The guidelines also advice adhesion to the concerned rules when a suspect is illegally detained or subjected to abuse by the police.

It also limits circumstances under which the police will follow prosecutors’ directives in charging suspects to those concerning public security under the National Security Act, Public Official Election act, Political Parties Act and the Political Fund Act.

Regarding suspects who were arrested on site, the guidelines say that the police will handle matters concerning their detention independently before follow prosecutors’ directives in charging them.

An official at Daegu District Prosecutors’ Office declined to comment, saying that as the issue is not one that can be solved at the provincial level, it would be inappropriate for his office to make a statement.

Although the Supreme Prosecutors’ Office in Seoul did not have an official position on the issue, it is said to be reviewing the situation carefully before drawing up response measures.

The decree, drawn up by the Prime Minister’s Office, has been received with fierce criticism and rejection from the police force.

The decree states that while the police will continue to be able to open and close internal investigative processes independently, all related documents and gathered evidence need to be submitted to the prosecutors’ office at regular intervals.

The decree also dictates that all police investigations that have developed beyond the internal stage will be conducted according to written directives issued by the prosecutor in charge.

The discord from the police force has grown to a stage where a frontline officer has called for National Police Agency Commissioner General Cho Hyun-oh to step down.

Cho, however, says that he is doing everything within his ability to address the situation.

“(I am) carrying out the functions of the commissioner general to the full in having the Criminal Procedure Act revised,” Cho said at a press conference on Tuesday. He added that he had no attachments to his post saying that he has no thoughts as to continuing in the position.

“Because Korea’s investigation system is very wrong, I will do everything I can as the commissioner general to have the Criminal Procedure Act re-revised. The position that it is to early to give the police investigative rights has continued for 60 years.”

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