Antaegeun Acquittal Overturned and Remanded... Rising Controversy Over Choo's 'Abuse of Authority' in Justice Ministry

Retaliatory Personnel Action Against Prosecutor Seo Ji-hyun
Indicted for Abuse of Authority
Supreme Court Overturns Verdict and Remands
Prosecutor General Investigating Administration Demoted
Whether Similar Case to Former Prosecutor Ahn
Debate Expected on Pros and Cons

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Former Prosecutor General Ahn Tae-geun, who was indicted on charges of abuse of authority for retaliating against Prosecutor Seo Ji-hyun, whom he sexually harassed, received a not guilty ruling from the Supreme Court on the 9th. This coincides coincidentally with the controversy over the demotion personnel reshuffle of the 'current administration investigation team' carried out by Justice Minister Choo Mi-ae the day before, which is being claimed as 'abuse of authority,' and is expected to intensify the debate.

The Supreme Court's 2nd Division (Presiding Justice Noh Jeong-hee) overturned the original sentence of two years imprisonment and remanded the case to the Seoul Central District Court in the appeal trial of former Prosecutor Ahn, who was indicted on charges of abuse of authority and obstruction of the exercise of rights, on the morning of the same day.

The issue in this case was whether the personnel action, suspected to have been taken by former Prosecutor Ahn, who was in charge of practical personnel affairs as the Director of the Prosecutor's Office Personnel Bureau at the Ministry of Justice, with the intent to demote Prosecutor Seo, could be regarded as abuse of authority. This case attracted attention as it was related to the personnel reshuffle led by Minister Choo the day before, in terms of abuse of authority in prosecutorial personnel affairs. Based on the first and second trial rulings, there was an analysis that if the Supreme Court recognized former Prosecutor Ahn's abuse of authority, Minister Choo might also be liable for abuse of authority.

However, the Supreme Court ruled that the first and second trial rulings recognizing former Prosecutor Ahn's abuse of authority were incorrect and remanded the case. The ruling was overturned by acknowledging the 'discretionary power' that former Prosecutor Ahn, as a practitioner, could exercise on his own judgment when drafting the personnel plan.

Minister of Justice Choo Mi-ae is leaving the chairman's office after meeting with Yeo Sang-gyu, the chairman of the Legislation and Judiciary Committee, at the National Assembly on the 9th. Photo by Yoon Dong-joo doso7@

As a result, debates are expected to continue over whether Minister Choo's personnel reshuffle can be seen as a similar case to former Prosecutor Ahn's. The main basis for the judgment that Minister Choo's personnel action constitutes abuse of authority is that 'proper procedures were not followed.' The issue lies not in the exercise of the personnel authority itself but in the process of exercising it. On the 8th, the Supreme Prosecutors' Office criticized the Ministry of Justice for rejecting the Prosecutor General's request to 'send the personnel plan' and proceeding with the personnel reshuffle. If the series of claims from the prosecution side are true, it may violate Article 34 of the Prosecutors' Office Act, which states that "the Minister of Justice shall listen to the opinions of prosecutors and propose appointments." On the other hand, if it is true that the Ministry of Justice was unable to prepare the personnel plan at the time, there is an analysis in the legal community that there may be grounds for 'dereliction of duty.'

The first trial ruling on former Prosecutor Ahn Tae-geun includes detailed testimonies from prosecution officials explaining the personnel process. According to these, the draft of the prosecutor personnel is basically organized before the Prosecutor Personnel Committee meeting and reported to the Minister of Justice. Former Prosecutor Ahn also stated, "Although there is variability, the personnel plan is usually organized about three days before the personnel announcement."

This personnel reshuffle was announced on the afternoon of the 8th. Based on the testimonies in the ruling, it is highly likely that the personnel plan was prepared by at least the 5th and that Minister Choo also confirmed it. This circumstance raises suspicion of 'bypassing the Prosecutor General.'

If the controversy over the illegality of this personnel reshuffle continues, there is a possibility that the prosecution will launch an investigation against Minister Choo and the Ministry of Justice. It is reported that opposition politicians, political organizations, and civic groups are considering filing complaints and accusations against Minister Choo and others. If complaints and accusations are filed, the prosecution will gain the justification of 'investigating suspicions' and be able to actively proceed with the investigation.

This content was produced with the assistance of AI translation services.