Ruling party reviews new victim objection rights amid push to strip prosecutors of supplementary investigation powers

The Democratic Party of Korea is reviewing measures to strengthen victim protections — including the creation of a new right for victims to file objections during investigations — as it pushes ahead with a revision to the Criminal Procedure Act centered on abolishing prosecutors' supplementary investigation powers.

Democratic Party lawmakers on the National Assembly's Legislation and Judiciary Committee are discussing the proposal as part of a broader effort to bolster victim rights remedies. The measures are said to be based on input gathered from women's advocacy groups to prevent side effects from abolishing the supplementary investigation powers.

The core of the proposal is allowing victims to file objections with police or prosecutors during an investigation. Grounds for such objections under discussion include: ▷when substantive investigative steps, such as key evidence collection, have not been taken for six months or more after a complaint or victim report without justifiable reason; ▷when investigative authorities violate a victim's constitutional or statutory rights; ▷when investigators significantly neglect basic investigative duties; ▷and when notification of the investigation's progress is not provided without justifiable cause.

If any of those grounds are recognized, the relevant authority would be required to take remedial action within 14 days — including reassigning the case officer, redesignating the investigating unit or drawing up a new investigation plan to address the delay.

Democratic Party lawmakers on the Legislation and Judiciary Committee are also reviewing ways to strengthen victims' right to appeal police decisions not to refer cases for prosecution. Reflecting concerns that victims who receive a non-referral decision have no way to learn the substance of the investigation or the reasoning behind it — making it difficult to file an appeal — the proposal would allow victims to review and copy investigation records to the extent necessary.

The party is also pursuing a measure that would require a higher-level police agency to conduct a reinvestigation when prosecutors request one in cases where police declined to refer a suspect for prosecution. A separate proposal under review would expand the right to appeal a non-referral decision — and the right to request a formal review of a non-indictment decision — from current complainants to include those who filed third-party accusations.

However, to prevent abuse of those rights, the party is said to be working to limit the scope for third-party accusers to cases involving crimes against socially vulnerable groups and similar offenses.

A measure is also under review that would give victims the opportunity to submit a statement to the court even if they are not called as witnesses.