Choo Mi-ae Urges New Prosecutors to Break Away from Hierarchical Culture (Comprehensive)

Minister of Justice Choo Mi-ae. Photo by Yonhap News

[Asia Economy Reporter Moon Hyewon] On the 3rd, Minister of Justice Chu Mi-ae ordered improvements in organizational culture, stating, "The principle of prosecutorial unity disappeared from the legal code 15 years ago, but the culture of strict hierarchical obedience is still deeply rooted in the prosecution organization."

At the new prosecutors' commissioning ceremony held at the Government Complex Gwacheon that afternoon, Minister Chu said, "I hope you break away from that (culture of strict hierarchical obedience) and become gem-like beings full of a sense of justice and mission, shining as prosecutors for the people."

At the prosecutor transfer ceremony on the same day, she also urged, "The principle of prosecutorial unity stipulated in the Prosecutors' Office Act was abolished in 2004 and replaced by a command and supervision relationship. Therefore, please pay attention to procedural justice, which is a prerequisite for discovering substantive truth, by adhering to procedures that allow for raising objections and accepting different opinions, moving away from strict hierarchical obedience."

Prosecutor General Yoon Seok-yeol said at the prosecutor transfer ceremony on the 31st of last month, "No matter where you go or what position you take, prosecutors operate based on the principle of prosecutorial unity, so changing your desk is just a change of location, and I believe your essential duties do not change."

Minister Chu pointed out to the new prosecutors, "There has recently been controversy surrounding the decision-making process in prosecutorial case handling. As Minister of Justice, I regret that this has caused anxiety among the public," adding, "Procedural justice must be observed in criminal cases, and to approach substantive truth, procedural justice must be upheld."

This remark is interpreted as an indirect criticism of the prosecution, which exposed internal discord to the outside during the indictment process of Choi Kang-wook, the Blue House Secretary for Public Office Discipline, and suspects involved in the Blue House’s ordered investigations and election interference case.

Minister Chu emphasized the role of new prosecutors as legal experts rather than investigation specialists.

Using the drama Prosecutor Internal Affairs as an example, she said, "Among you, Prosecutor Cha Myung-joo of Jinyeong Branch Office might be a role model. However, if investigation and prosecution are separated in the future, there will be no Cha Myung-joo disguising herself to catch 'Sando-bak' (a criminal). Instead, Demi Moore from the old American movie A Few Good Men might be your role model."

She continued, "Please remember and keep in mind in specific cases that you are not simply parties dealing with suspects or defendants in front of you, but you have an objective duty to collect evidence favorable to suspects or defendants."

That afternoon, Minister Chu attended a meeting of the Ministry of Justice and Prosecution Reform Committee and continued to deliver harsh criticism of the prosecution organization.

Minister Chu said, "There are methods and means of command such as exercising inspection authority, receiving reports through office reporting rules, issuing general instructions, and personnel appointments," adding, "It seems that there are still people who do not fully accept these."

She further stated, "Although the disclosure of suspect facts is a criminal offense under the Criminal Act, it has become obsolete. Simply enforcing this properly would be a major reform," and claimed, "Despite having rules prohibiting the disclosure of criminal cases, violations still persist."

She asked the committee members for cooperation in preparing follow-up legislation for prosecution reform, including the establishment of the High-ranking Officials' Crime Investigation Office (HICO) and adjustment of investigative authority between prosecution and police.

She said, "The law enabling reform has just barely passed in the National Assembly. Usually, starting is half the battle, but this is just the beginning. Until now, it has been theoretical, but from now on, it needs to be concrete and executable."

She then had a meet-and-greet with Chairman Kim Nam-jun and others, listening to their opinions on committee activities. She also said that through a soon-to-be-established Ministry of Justice spokesperson’s office branch in the Seoul High Prosecutors’ Office building in Seocho-dong, Seoul, they will actively publicize the committee’s activities.

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