A month after South Korea introduced a new criminal justice system that abolished the prosecution service and divided investigative and charging functions between new agencies, case processing has slowed and courtroom procedures have become less clear, according to SBS. The broadcaster described the disruption as an early operational problem emerging from the separation of investigation and prosecution.
Prosecutors can no longer collect evidence themselves or add material to an investigative record for use at trial. When a file lacks information needed for a charging decision, they must instead ask police to conduct supplementary work, extending the exchange between the two institutions.
SBS cited a residential burglary case in which the record omitted the time of sunset, a fact relevant to determining whether the alleged offense occurred at night. A prosecutor could previously have checked and added that information. Under the new rules, doing so may be treated as evidence collection, requiring the file to be returned to police for supplementation.
Missing evidence returns to police
Requests for supplementary investigation during the first month rose by more than 35% compared with the previous year's monthly average, SBS reported. Prosecutors also returned more police warrant applications for additional work because they could not directly obtain missing evidence. The available reporting did not provide total case numbers or a separate figure for returned warrant applications.
Uncertainty has also reached the trial stage. SBS reported that the prevailing interpretation may prevent victims from giving newly obtained evidence directly to the prosecutor handling a trial. Without a clear submission route, victims may struggle to identify which institution should receive material that could affect proceedings.