[Editorial] Unchecked police

Prosecutors are reportedly investigating police officers suspected of covering up a fraud case involving a well-known influencer after allegations were uncovered by chance during a probe into a stock manipulation case involving the accused’s husband.

The police officers are also suspected of taking money and receiving entertainment at a hostess bar funded by the influencer’s husband.

In December — five months after the complaint was filed — police issued decisions clearing her of suspected charges and suspending the investigation.

Evidence has emerged that the police officer suspected of directly covering up the case also appears to have covered up another fraud case at the request of the influencer’s husband. This case, too, is said to have been closed with a decision not to refer it to prosecutors.

If not for a separate investigation by prosecutors, the alleged cover-up might have remained hidden.

The power of police to close cases without referral to prosecutors stems from the reallocation of investigative authority between the prosecution and police, carried out under the banner of prosecutorial reform by the Moon Jae-in administration in 2021.

These cover-up allegations cannot be taken lightly, as signs are emerging that police could become an unchecked investigative power.

The current reality is that even when prosecutors demand supplementary investigations, there is little they can do to compel police action if officers are uncommitted or probe only perfunctorily.

According to reports, police under the Seosan branch of the Daejeon District Prosecutors’ Office disregarded a prosecutorial request for further investigation into a serious drunk driving case uncovered in October 2020, leaving the files in a cabinet for five years.

More troubling still are police probes into powerful figures, including current and former ruling party lawmakers and their associates.

In a case involving Rep. Kim Byung-kee — an independent lawmaker who quit the ruling Democratic Party of Korea while serving as floor leader amid allegations of accepting nomination-related bribes — police blatantly dragged their feet on the investigation.

For seven months, the Seoul Metropolitan Police Agency has investigated 13 allegations involving Rep. Kim, but has yet to produce any meaningful outcome, repeatedly summoning the suspect for questioning.

Meanwhile, the police agency again reshuffled the command leading the investigation on Monday. Given the leadership change, the investigation into Kim is likely to take longer to conclude.

Before the reallocation of investigative authority, police were required, in principle, to refer every case they investigated to prosecutors. Prosecutors bore responsibility for determining whether to indict. They revisited cases even when police found no wrongdoing; now, a case reaches prosecutors if the complainant lodges an objection.

Amid mounting case backlogs, police are increasingly failing to clearly state the reasons for nonreferral. When wrapping up cases without referral, police often give complainants only a cursory notice of “insufficient evidence,” without explaining specific grounds for the decision. This leaves victims unable to determine what to supplement, making it difficult for them to lodge objections.

In the end, delays in case handling allow perpetrators to evade police investigation, and in some instances, cases are buried, leaving little visibility to the outside world. Yet the ruling party is pushing to completely abolish even prosecutors’ authority to request supplementary investigations.

If prosecutorial checks in the referral and indictment process vanish entirely, there is a strong risk that front-line police misconduct will become routine.

That is why legal professionals are calling for the abolition of the police authority to close cases without referral, as well as for the reinstatement of a system requiring that all cases — including those deemed to involve no charges — be forwarded to prosecutors.

If even the prosecution’s authority to request supplementary investigations is abolished, unchecked police misconduct will become more serious, and wronged victims will be left with nowhere to turn. It is a deeply alarming prospect.