Ministry of Justice: "Separation of Investigation and Prosecution in Prosecutor's Office under Choo, Not Applied at All to Cheong Wa Dae Election Interference Case"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] After Justice Minister Choo Mi-ae announced plans to improve the system by separating investigation and prosecution authorities within the prosecution, controversy arose, prompting the Ministry of Justice to step in to clarify.

In particular, in response to criticism that the separation of investigation and prosecution within the prosecution was conceived with specific cases in mind, such as allegations of election interference and directive investigations involving the Blue House under prosecution scrutiny, the Ministry of Justice emphasized that "this system does not apply at all to specific cases."

The Ministry of Justice stated this in explanatory materials on the 13th. The Ministry said, "Minister Choo’s announcement was intended to improve the situation where the prosecution directly investigates and prosecutes high-profile cases that attract social attention, which has often raised concerns about the neutrality and objectivity of investigations, and where issues regarding evidence and legal principles during trials have led to many acquittals," adding, "Minister Choo did not suddenly propose this overnight."

It continued, "Former Prosecutor General Moon Moo-il also said, 'It is a democratic principle that the person who initiates an investigation should not be the one to conclude it, and this applies to trials as well.' We understand that frontline prosecutors also sympathize with the idea of decentralizing authority by separating the initiation and conclusion of investigation procedures."

While acknowledging that there are internal and external investigation review measures within the prosecution, the Ministry pointed out, "These systems only provide a preliminary review of prosecutors’ decisions, and in the case of direct investigations, there is no thorough record review equivalent to that conducted by the investigating prosecutor." The Ministry emphasized that having a system that separates the subjects of investigation and prosecution would better protect human rights and help prevent arbitrariness and errors.

Finally, the Ministry of Justice stated, "Going forward, the Ministry will closely consult with the Supreme Prosecutors’ Office and refer to foreign legislative examples," adding, "We will sufficiently gather diverse opinions from frontline prosecutors as well as various sectors of society to establish the most suitable model for direct investigation review in Korea, and then proceed with pilot and phased implementation."

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