[In-Depth Look] Ministry of Justice and Prosecution, Fight Even More Fiercely

Heo Yoon, Senior Spokesperson of the Korean Bar Association

The confrontation between the Ministry of Justice and the prosecution shows no sign of resolution. Following Minister of Justice Choo Mi-ae's sudden suspension order, the court's decision to grant a stay of execution on the suspension, the inspection committee's ruling of improper investigation, the disciplinary committee for prosecutors is now imminent. Prosecutor General Yoon Seok-yeol has not backed down an inch, even filing a constitutional complaint against the Prosecutor Disciplinary Act last weekend.

Even if a severe disciplinary action is taken at the disciplinary committee meeting on the 10th, Prosecutor General Yoon seems determined to keep going. If he files for a stay of execution and a cancellation lawsuit against the disciplinary action, it will take two years to reach a conclusion. Considering that Yoon's term ends in July next year, his term expiration will come before the court's decision.

Given this situation, the ruling and opposition parties have complex feelings. The ruling party tried to resolve the Yoon issue quickly but made a misstep. Things did not go according to Minister Choo's timetable. Minister Choo held a press conference, seemingly expecting that Yoon would not respond properly. She thought that if Yoon spent the weekend investigating the situation, they could push forward with the inspection and disciplinary committees to easily gain the upper hand. However, on the night of the press conference, Yoon filed for a stay of execution.

The opposition party is capitalizing on the current situation to criticize the government and ruling party, even leading in some opinion polls. However, Yoon is not affiliated with the opposition, and many in the opposition still harbor resentment toward him for investigations he conducted. Especially as Yoon rises, the opposition's presidential candidates shrink. After the April by-elections next year, presidential candidates will start to prepare, but with Yoon's term continuing until July, all issues will focus on him. There is no room for opposition candidates to intervene.

Most evaluations of Minister Choo and Prosecutor General Yoon are negative. Media reports compete over who is worse or more at fault. However, the conflict between the Ministry of Justice and the prosecution is not entirely negative. From the perspective of the rule of law, a long-overdue issue has come to the forefront. For example, it is surprising that the Ministry of Justice and the prosecution, once thought to be one entity, can fight this intensely. Structurally, the Ministry of Justice is above, but the prosecution's counterattack is formidable, and the Ministry is on the defensive, which is interesting. This is different from past administrations where the Ministry suppressed and the prosecution complied. Our democracy has developed this much.

Minister Choo has properly shown the legal community that "this also exists." The dormant authority of the Prosecutor General to direct investigations has been exercised, and unprecedented measures such as suspending the Prosecutor General and referring him to the disciplinary committee have materialized as 'law-based' control over the prosecution. Whether these measures are justified or not, the term "democratic control," emphasized by the courts, has become a common term known to all citizens. From now on, whoever becomes Prosecutor General will have one more factor to consider when exercising their authority.

In the past, when Prosecutor General Chae Dong-wook received an inspection order from the Minister of Justice, he resigned. Other Prosecutor Generals also stepped down when the government or ruling party opposed them. However, Prosecutor General Yoon is determined to serve his legally guaranteed term and is willing to engage in various lawsuits. Right or wrong, Yoon's attitude provides insight into the prosecution's direction. The government and ruling party can also use this as an opportunity to reconsider how to deal with the Prosecutor General.

Regardless of the outcome of the conflict between Minister Choo and Prosecutor General Yoon, our society will mature one step further. We will become accustomed to concepts that seem new but are not, such as democratic control, prosecution reform, prosecutorial independence, and term guarantees, and have an opportunity to judge what is right and wrong. Hopefully, if they do not fight now, the same issues will arise again later, resulting in a stalemate. Therefore, I hope they will put more effort into this fight this time. However, given the public's fatigue, I also hope the conclusion will come swiftly.

Heo Yoon, Chief Spokesperson of the Korean Bar Association

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