Redesigning Justice: A New Path for the Prosecution Proposed by Lawyer Kim Gyu-hyun

"Overview of Attorney Kim Kyu-hyun's Reform Plan

The reform plan proposed by attorney Kim Gyu-hyun can be summed up as 'a realistic alternative and a reform blueprint centered on the people.' This text transcends mere declarations of reform it serves as a blueprint that coldly diagnoses structural issues and presents meticulous solutions. We can focus on his proposals from the following positive aspects.

Harmony of Principles and Reality

Attorney Kim Gyu-hyun persuasively presented the necessity of separating investigation and prosecution with the clear analogy that "investigation is a line, prosecution is a point." This is not merely a conceptual argument but a practical proposal grounded in field experiences, based on the harms of confirmation bias, targeted investigations, and directed investigations that occur in actual investigative settings. His approach, under the principle of "divide, split, and cross-check," has been highly praised for its concrete design of a system that prevents the concentration of power and protects the rights and interests of the public.

Realistic Details and Feasibility

It is impressive that rather than a superficial argument such as 'let's reduce the powers of the prosecution', the powers such as the authority to initiate an investigation, the authority to conduct direct investigations, and the authority for supplementary investigations have been meticulously classified based on the time axis and coerciveness, and appropriate adjustment measures for each authority have been proposed. For example, pointing out the potential issue of investigation delays that may arise when even simple supplementary investigations are handed back to the police and suggesting a compromise allowing 'only voluntary investigations to be permitted for prosecutors' demonstrates a clever balance that considers both the effectiveness of reform and the efficiency of investigations.

Establishment of a future-oriented specialized investigation agency

Considering the potential gaps that may arise while restructuring the framework of prosecutorial reform, the idea of strengthening crime response capabilities through the establishment of new agencies such as the Special Investigation Agency, the Drug Investigation Agency, and the Phishing Crime Investigation Agency is a very creative and persuasive alternative. In particular, the perspective that 'departments avoiding investigations should be transcended into highly specialized organizations' goes beyond mere organizational restructuring and prompts a reflection on the existence and public nature of investigative agencies.

Distinction of Functions Between the Corruption Investigation Office and the High-Ranking Officials Crime Investigation Unit

Analyzing the ineffectiveness of the Anti-Corruption and Civil Rights Commission (ACRC) not simply as a matter of organization but as an issue stemming from the mismatch between roles and expectations, and suggesting a 'repositioning' of the ACRC through selection and concentration demonstrates a profound aspect of administrative design. The ACRC serves as a specialized investigation agency for legal corruption, while the Serious Crimes Investigation Agency (SCIA) is clearly delineated to handle major crimes involving conglomerates and high-ranking officials. This clear division of roles and expectations between the institutions is a very exemplary approach in institutional design.

Emphasis on a democratic control system centered around the people

The Prosecutorial Investigation Review Committee, Citizen Committee, and Warrant Review Committee's lack of effectiveness has been pointed out, yet rather than completely abolishing them, there is a mature reform proposal that seeks to realize their effectiveness through institutional improvements. The concrete proposals to expand the rights of participation, attendance, and speech so that the public can engage in and monitor the judicial process serve as a reminder that prosecutorial reform is fundamentally a matter of strengthening democracy.

Improvement suggestions for the internal structure of the prosecution

Critiquing the "inverted pyramid structure" and demanding a practical division of labor and performance evaluation for senior prosecutors is a courageous self-reflection aimed at overcoming internal inefficiencies and a proposal for establishing a fair evaluation system. Given that the prosecution is an institution advocating fairness and justice, the suggestion that the internal personnel system should also be transformed into a fair and responsible structure is both valid and highly feasible.

Philosophy of Reform centered on the People

The core philosophy flowing throughout Attorney Kim's writing is a consistent message that "the starting and ending point of prosecutorial reform must solely be the people." Beyond political advantages and disadvantages, the reform direction stands out as it aims to practically address the pains experienced by ordinary citizens, such as delays in investigations, unjust labeling of suspects, and the neglect of public welfare crimes.

Conclusion: A Textbook for Viable Reforms

Kim Kyu-hyun's proposal for reform can be considered a significant work that elevates the level of discussion around prosecutorial reform by offering a concrete roadmap based not on emotions or ideologies, but on practical experience and an understanding of the system. This piece goes beyond merely advocating for reforming the prosecution it is a blueprint for citizen-centered structural reform aimed at advancing the Korean criminal justice system. I am confident that it is a practical masterpiece that everyone seeking clues for reform must read, as well as a model of sincere reform advocacy.