A Decades-Long Reform Push Reaches Its Final Stage

The Democratic Party of Korea is on the verge of passing a bill that would completely remove the prosecution's power to investigate crimes. Under current law, prosecutors may step in if they deem a police investigation insufficient. The proposed revision deletes that clause, leaving the prosecution with no investigative authority whatsoever. The party, which holds a commanding majority in the National Assembly, intends to force a party-line vote despite strong opposition from conservatives and some victims' groups.

The push to rein in prosecutors is the culmination of a project that began more than twenty years ago. Liberal icon Roh Moo-hyun first tried to curb the prosecution's power in 2004, but his effort failed. In 2009, a year after leaving office, Roh died by suicide while under investigation for corruption—an inquiry his supporters have always considered politically motivated. The sense of injustice over that event became a foundational narrative for the progressive camp.

Roh's close ally and attorney, Moon Jae-in, revived the reform drive when he became president in 2017. His administration transferred investigative powers to the police, created the National Office of Investigation within the national police and established the Corruption Investigation Office for High-ranking Officials (CIO). Yet many liberals believe these moves prompted prosecutorial retaliation: Moon's justice minister Cho Kuk was convicted on academic fraud charges, Moon himself was later charged with bribery, and current President Lee Jae-myung faced multiple criminal charges while his predecessor was in power.

Now the political terrain is uniquely favourable. The Democratic Party's supermajority, Lee's support for reform, and the fallout from the conservative Yoon Suk Yeol's 2024 martial law declaration have created a window. Several DP lawmakers who have had personal run-ins with the prosecution—or served as Lee's defence attorneys—are among the bill's champions. Analysts note that while partisan grudges are part of the motivation, they do not necessarily invalidate the case for reform.

From Roh Moo-hyun to Lee Jae-myung: The Political Imperatives Driving Reform

The Democratic Party’s Dual Motives: Reform and Self-Preservation

The party frames the bill as the final piece of a democratic reform that separates the power to investigate from the power to indict, something it says was always prone to abuse. But behind that argument sits a long list of personal and political grievances. The traumatic impact of Roh Moo-hyun’s death, the conviction of Cho Kuk, and the charges against both Moon and Lee are all cited by liberal lawmakers as evidence of a politicised prosecution that targets progressives. For many on the left, the bill is as much about preventing future prosecutions of their leaders as about institutional principle.

Polarization as Both Driver and Consequence

Scholar Benjamin Engel describes the unilateral push as “a symptom of polarization.” Because the reform is seen through a partisan lens, it will likely deepen political divisions in the short term. Yet he also argues that if the reform succeeds in depoliticizing the prosecution over time, it could eventually reduce the tit-for-tat prosecution of former presidents and their allies that has made the public increasingly cynical. The immediate effect, however, will be to harden conservative opposition and reinforce a narrative that the left is using its majority to shield itself from legitimate scrutiny.

A New Chapter for the Rule of Law

The transfer of investigative authority wholly to the police and the CIO reconfigures a central institution of South Korea’s criminal justice system. Supporters say it finally checks a prosecution that could act with little accountability. Critics warn that the bill erodes a key mechanism for holding powerful people to account, especially when those now controlling investigations are politically aligned with the administration. The reform’s success will depend on whether the police and the CIO can operate independently and competently—a test that may take years to assess.

What the Change Means for South Korea’s Legal and Political Landscape

  • A bill passage is highly probable: With a clear parliamentary majority and presidential backing, the revision is expected to be confirmed in the coming weeks despite the opposition’s resistance and public unease.
  • The prosecution’s investigative role ends immediately if the bill becomes law. All criminal investigations will rest with the police and the CIO, while prosecutors retain only indictment and trial duties. Legal professionals and businesses involved in white-collar litigation should prepare for a shift in how probes are initiated and conducted.
  • For the political class, the reform reduces the risk of future “political” prosecutions but invites fresh scrutiny of police and CIO independence. Lawmakers who previously feared prosecutorial retaliation may feel protected, yet public trust could erode if the new system appears to grant impunity to allies of the ruling party.
  • The tit-for-tat cycle may slow over the long term, but polarization will persist in the near term. Analysts suggest that if the reform depoliticizes prosecutions, it could eventually lower the temperature of South Korea’s political battles. Citizens should expect heated debate and possible legal challenges in the interim.