The recent series of cases in which the court rejected prosecutors’ requests for warrants to detain criminal suspects shows that the prosecution has yet to shake off an old-time practice that often draws public criticism.
This calls for the public and the legislature to put pressure on the prosecution to add the issue to the self-reform agenda being pushed by a task force set up by the prosecutor-general.
Prosecutors’ tendency to abuse their right to detain suspects is nothing new, especially in high-profile cases. But recent cases raise concern over prosecutors who keep exercising their rights expediently and indiscreetly.
Most recently, the court rejected -- twice -- prosecutors’ requests to detain three lawmakers of the minor opposition People’s Party. Park Joon-young is suspected of receiving illegal political funds, while Park Sun-sook and Kim Soo-min were indicted in a case involving the party’s campaign finances.
The court also rebuffed prosecutors who sought to detain former Audi Volkswagen CEO and the Lotte Homeshopping CEO in relation to the carmaker’s cheating scandal and the retailer’s alleged irregularities in seeking renewal of its business license.
Although these people faced different charges, the reason why judges refused to approve their detention was simple: There were not reasonable grounds to suspect that the defendants would destroy evidence or flee.
In other words, state prosecutors ignored a key clause of the Criminal Procedure Law, which -- along with the principle of being presumed innocent until proven guilty -- is essential for protecting defendants’ rights.
Calls to reform the prosecution are rising in the wake of the recent scandals including the jaw-dropping corruption case of a vice minister-level prosecutor and the suicide of a junior prosecutor who was bullied by his boss.
Proposals to reduce the prosecution’s power -- like the exclusive authority to indict -- are being discussed in political circles. Setting stricter criteria for requesting warrants of detention should also be included in the reform discussions.