So Su-jin Proposes Amendment to the Prosecutors' Office Act... Over 50 Members of the United Future Party Participate

Choo Mi-ae "Han Myeong-sook Case, Instructs Supreme Prosecutors' Office Inspection Department to Investigate Directly"
Kim Nam-guk "Prosecution Office Act Amendment, Misunderstanding the Constitution"

Yoon Seok-yeol, Prosecutor General / Photo by Yonhap News

[Asia Economy Reporter Kim Ga-yeon] Amid ongoing conflicts between Justice Minister Choo Mi-ae and Prosecutor General Yoon Seok-yeol over allegations of 'coerced testimony' in the investigation of former Prime Minister Han Myeong-sook's violation of the Political Funds Act, the United Future Party is pushing for an amendment to the Prosecutors' Office Act to abolish the Justice Minister's authority to direct investigations.

According to the United Future Party on the 21st, Representative Jo Su-jin plans to propose an amendment to the Prosecutors' Office Act this week to abolish the Justice Minister's authority to direct investigations over the Prosecutor General. As of this date, about 50 members of the United Future Party have joined as co-sponsors.

Representative Jo stated, "The prosecution, as a representative of public interest, must guarantee political neutrality, independence, and fairness in investigations, yet controversies continue as the direction or decision to investigate specific cases is influenced by the intentions of the appointing authority, including the President and the Justice Minister," emphasizing the need to ensure the prosecution's neutrality and independence.

Article 8 of the current Prosecutors' Office Act stipulates that "The Justice Minister, as the highest supervisor of prosecutorial affairs, generally directs and supervises prosecutors, and only the Prosecutor General directs and supervises specific cases." The amendment includes provisions stating that "The Justice Minister generally directs and supervises the Prosecutor General and shall not intervene in specific cases."

Democratic Party of Korea Representative Kim Nam-guk posted on his Facebook page titled "Opinion on United Future Party Representative Jo Su-jin's Amendment to the Prosecutors' Office Act," criticizing, "I believe this statement was made without fully understanding the fundamental principle of Article 1, Paragraph 2 of the Constitution, which states that sovereignty resides in the people and all power comes from the people."

Representative Kim emphasized, "The state's penal authority must also have democratic legitimacy. The basis for this legitimacy lies in the Justice Minister's personnel authority and investigative directive authority," adding, "The reason why the Prosecutor General, who is not elected, can be granted powerful investigative authority is precisely because democratic legitimacy is secured by Article 8 of the Prosecutors' Office Act, which subjects the Prosecutor General to the Justice Minister's direction, and this provision prevents the Prosecutor General, whose term is guaranteed, from abusing power."

He continued, "Currently, Prosecutor General Yoon bypassing the Supreme Prosecutors' Office Inspection Department and assigning cases to the Human Rights Supervisor undermines the independence of ongoing investigations and constitutes a 'trick assignment' to protect his close associates," adding, "Rather, it is necessary to prevent the Prosecutor General from unjustly undermining the independence of inspections through case assignments."

Earlier, on the 18th, Minister Choo ordered the Supreme Prosecutors' Office Inspection Department to directly investigate a key witness related to former Prime Minister Han's bribery case. The Ministry of Justice stated, "Considering the gravity of the matter, we will ensure a strict and swift investigation," and "We will monitor the investigation results and review follow-up measures."

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