[Editorial] The Prosecution, The Police, and The Future

Readjusting of the scope of investigative authority for the police and the prosecution must take a future-oriented direction, preventing an excessive monopoly on the authority of either organization and assuring that both serve the people. However, realistically speaking the question of how much investigative authority each should have might not have any correct answer. Instead it is a question of attitude and approach, and of reciprocal checks as well as balance and cooperation. The situation right now, however, seems a far cry from that more desirable approach to the matter at hand.

The ruling Uri Party proposes an "equal cooperative relationship" between the police and the prosecution, but the prosecution is strongly opposed to that idea, saying it "doesn't take into account [the need to] protect the civil rights of the people or reduce inconveniences for them," and that it "can be discussed when the people have achieved higher standards." The prosecution's position is similar to its claims that the police do not have what it takes to do independent investigations or that the "timing" is not right yet. Given the prosecution's own investigation practices, however, its argument about the need to keep from giving the police the right to investigate on their own in order to protect civil rights is hardly convincing. Prosecutors must not forget that they themselves would still have actual investigative authority and they can always investigate and make indictments if police investigations violate the law.

The police seem to be elated with the ruling party's proposal, but they are ignoring what it is they will have to do when the time comes, such as creating a system of local police and assuring that police investigators are fully independent from police administrators. If those issues are not resolved together with the problem of giving them the authority to engage in independent investigations, the result will be the creation of yet another agency in the state power apparatus that is not under adequate controls. The ruling party is also deserving of criticism, because it hastily arrived at its conclusion in a way that has allowed observers to suggest that the conclusion it made is probably related to its feelings towards the prosecution, and that has made the situation worse.

The politicians, the prosecution, and the police all need to find composure. They most not forget that the people are watching the conflict over whether the police get the authority to investigate on their own as little more than a turf war, a fight over territory, and they are not watching with approval.

The Hankyoreh, 7 December 2005.

[Translations by Seoul Selection]