[30 Days to the Launch of the Public Corruption Investigation Office] To Ensure the 'Almighty' Prosecution is Checked, Political Neutrality is the First Condition

66 Years of Prosecution's Exclusive Indictment System
A New Challenge Signaling Its End
About 7,000 Power Figures Under Investigation
Prosecutor's Office Surpassed by Public Corruption Investigation Office's Authority
Concerns Over Another 'Oksangok' (Rooftop Castle)
The Urgent Need for Democratic Control

In one month, the High-ranking Officials' Crime Investigation Office (Gong-su-cheo) will be launched. After fierce debates over the past 20 years about whether to introduce it, a new concept called Gong-su-cheo is finally entering our judicial system. Citizens, who had to repeat the phrase "justice is only for the rich and powerful" while watching the prosecution weaken before power and conglomerates, hope that Gong-su-cheo will become a guardian of justice that eradicates corruption among the "powerful." On the other hand, there are many concerns that Gong-su-cheo might become another "roof on the roof," a tool abused by political power to eliminate opponents. To mark its 32nd anniversary, Asia Economy takes the opportunity to examine the success conditions of Gong-su-cheo, which is set to launch in July, and points out issues that need to be resolved before the final step.

[Asia Economy Reporter Cho Sung-pil] The debate surrounding Gong-su-cheo is not a matter of right or wrong. Both proponents and opponents have clear reasons and justifications. It was a political battle difficult to reconcile and a fight against the prosecution that never loses. From the 15th National Assembly during the Kim Dae-jung administration to the 19th National Assembly during the Park Geun-hye administration, related bills were continuously proposed, but the ruling and opposition parties exchanged Gong-su-cheo back and forth, and combined with the prosecution's opposition, the bills failed to pass. The long-standing debate finally came to an end under the Moon Jae-in administration, which appeared as the second "prosecution reform" after the Roh Moo-hyun government. On December 30 last year, despite fierce opposition from the Liberty Korea Party, the revised "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Office" prepared by the 4+1 coalition (Democratic Party of Korea, Bareunmirae Party, Justice Party, Peace Party + Alternative Party) passed the National Assembly plenary session. Thus, Gong-su-cheo is set to launch next month, 24 years after its public discussion began. However, its launch is not based on the resolution of the debate.

◆Expected Effect of Checking the 'Omnipotent' Prosecution= The launch of Gong-su-cheo marks the beginning of a society we have never experienced before. Since the enactment of the Criminal Procedure Act in 1954, the prosecution's monopoly on indictment has been firmly maintained for 66 years. The prosecution has exercised exclusive authority over initiating and concluding investigations and indictments regarding criminal charges. Except for the sitting president, it is a powerful authority that can bring any South Korean citizen to trial. With the establishment of Gong-su-cheo, this "era of prosecution" will come to an end.

The investigation targets of Gong-su-cheo include the president, members of the National Assembly, the Chief Justice and justices of the Supreme Court, the Chief Justice and justices of the Constitutional Court, the Prime Minister and political officials in the Prime Minister's Secretariat, political officials of the Central Election Commission, judges and prosecutors, and police officers of rank superintendent or higher. It can also investigate crimes involving their spouses and direct ascendants and descendants. In total, about 7,000 "power elites" in our population fall under its jurisdiction. Especially for those such as police officers, prosecutors, and judges who directly affect the lives of ordinary citizens, Gong-su-cheo can directly prosecute and maintain public prosecution.

Gong-su-cheo is also the first separate organization in constitutional history that can directly investigate and prosecute crimes committed by prosecutors. This is why it is expected to have a check-and-balance effect on the prosecution. Attorney Noh Hee-beom, a former constitutional court constitutional researcher, said, "The prosecution has long reigned as an unchecked power. Gong-su-cheo is expected to operate without repeating the prosecution's past mistakes and to build public trust in the judiciary."

◆"Ensuring Political Neutrality is the Primary Condition for Success"= Public dissatisfaction with the prosecution mainly stems from two issues: "protecting their own" and "selective approach to political power." The Prosecutor General is appointed by the president. Under the hierarchical system led by the Prosecutor General, the prosecution tends to be lenient toward "living power" and strict toward opposing forces. When the living power pressures the prosecution, it secures evidence and retaliates when the power weakens.

The core concern is that Gong-su-cheo, which will have more authority than the current prosecution, will not be free from this problem. Attorney Kim Han-gyu, former president of the Seoul Bar Association, pointed out, "It is highly inappropriate for the ruling party to say that the first investigation target of Gong-su-cheo will be Prosecutor General Yoon Seok-youl or the prosecution. Such remarks go against securing the political neutrality of Gong-su-cheo ahead of its launch." If Gong-su-cheo selectively investigates targets based on the needs or demands of a particular faction, it would be no different from the past prosecution that covered up cases involving living power, merely becoming "another dinosaur."

◆Why Democratic Control is Necessary= To ensure Gong-su-cheo's political neutrality, control mechanisms commensurate with its authority are necessary. Currently, the prosecution is controlled by the "personnel authority of elected power," and as a last resort, the "Minister of Justice's right to direct the Prosecutor General" stipulated in the Prosecutors' Office Act. However, under the Gong-su-cheo Act set to be enforced next month, there are virtually no means to check Gong-su-cheo. Once the head of Gong-su-cheo is appointed, personnel authority cannot be exercised. This is because the system is designed so that neither the president nor the cabinet assisting the president can intervene in Gong-su-cheo's internal personnel. Furthermore, Gong-su-cheo is an independent organization that does not belong to the executive, legislative, or judicial branches. If the head of Gong-su-cheo pushes forward with prosecution, there is realistically no force to stop it. This is why critics say launching Gong-su-cheo under the current law is a naive idea relying solely on the goodwill of the head.

Charles-Louis de Secondat, Baron de Montesquieu, a French Enlightenment thinker and political philosopher, said in "The Spirit of the Laws," "Everyone who holds power tends to abuse it." The future head of Gong-su-cheo will be no exception. Attorney Kim Hyun, former president of the Korean Bar Association, pointed out, "Gong-su-cheo must be controllable by the people, and the head of Gong-su-cheo must be subject to parliamentary oversight." President Moon Jae-in, who made the establishment of Gong-su-cheo his first pledge, also emphasized this during a briefing with former Minister of Justice Cho Kuk in September last year: "All public authority must be humble before the people. Especially power institutions must be subject to stronger democratic control."

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