[New Year's Address] Yoon Seok-yeol, Prosecutor General: "The Purpose and Direction of Prosecutorial Reform Are a Fair Prosecutor's Office, a Prosecutor's Office for the People"

Yoon Seok-yeol, Prosecutor General. [Photo by Yonhap News]

[Asia Economy Reporter Seokjin Choi] Prosecutor General Yoon Seok-yeol once again emphasized the purpose and direction of prosecution reform as a ‘fair prosecution’ and a ‘prosecution for the people.’

On the 31st, in his New Year's address, Prosecutor General Yoon urged prosecution staff to quickly adapt to the changing investigative environment due to the enforcement of amended criminal procedure laws and prosecution office laws, including the adjustment of investigative authority between the prosecution and police, starting from January next year.

He said, “Last year, there were significant amendments to criminal laws that brought major changes to prosecution work, which will take effect on January 1, 2021. Although we have prepared countermeasures by reviewing potential issues that may arise during the enforcement of these laws, unforeseen problems may be discovered, or difficulties may arise in relations with related institutions such as the courts and police.”

He continued, “The Supreme Prosecutors' Office and district offices must consult in real-time during case handling and communicate closely with related institutions to ensure that the public does not experience inconvenience. Although prosecution members may feel confused for a while, the changed system must be quickly established so that the public does not suffer. I ask you to work with the mindset of serving the people.”

Prosecutor General Yoon emphasized, “The change and reform of the prosecution are not achieved solely by amending laws related to the criminal justice system. The true desire, conviction, and mindset of all prosecution members regarding change and reform are important.”

He added, “There must be a clear understanding and consensus on what kind of change and reform it is and what its purpose is.”

Prosecutor General Yoon said, “I have always thought and emphasized to you that the purpose and direction of prosecution reform should be a ‘fair prosecution’ and a ‘prosecution for the people.’ ‘Fair prosecution’ means not being biased or prejudiced throughout the entire process from investigation initiation, prosecution, trial, to execution of sentences, and not abusing the superior authority granted for the public interest of crime prevention. ‘Prosecution for the people’ means looking solely at the people, the source of that authority, without wavering.”

He also stressed, “‘Fair prosecution’ and ‘prosecution for the people’ form the foundation of a ‘human rights prosecution.’”

Prosecutor General Yoon said, “The core value of the liberal democratic constitution is that the collective interests of the state and society should not recklessly sacrifice individual freedom and rights. Likewise, the enforcement of criminal law, an important public interest, must not arbitrarily infringe on the freedom and rights of each citizen. Please keep in mind that a substantive ‘human rights prosecution’ can only be achieved when law enforcement is conducted with the attitude of ‘fair prosecution’ and ‘prosecution for the people.’”

He continued, “The most important aspect of fair criminal law enforcement is guaranteeing the defense rights of suspects and defendants. The defense rights guaranteed by law should not be protected merely in form.”

He emphasized, “In all processes such as investigation, prosecution, trial, and appeal, you must actively and proactively work to ensure that the public feels protected by the law to the extent that defense rights are substantially guaranteed. You should actively collect and present evidence favorable to suspects and defendants and provide fair legal advice from an objective standpoint.”

Prosecutor General Yoon also said, “Even if detention has been made, if it is judged that there is no longer a need to maintain detention, it should be immediately canceled and the investigation conducted in a non-detained state. Meaningless appeals or further appeals should not be made. Always keep in mind that there may be errors in prosecution decisions, listen carefully and attentively to the words of those involved in cases with a humble attitude, and ensure that no injustice occurs to the people.”

Meanwhile, Prosecutor General Yoon emphasized that securing safety in criminal justice facilities through quarantine measures amid the COVID-19 pandemic is the top priority, while also urging measures to guarantee the visitation and communication rights of inmates’ families and lawyers, which are constitutional rights.

Prosecutor General Yoon said, “Please clearly recognize that quarantine and safety assurance in criminal justice facilities during the COVID-19 situation is our top priority. If the quarantine system in criminal justice facilities is shaken, the state’s law enforcement function itself will be paralyzed.”

He added, “Priority should be given to important and essential tasks such as investigating and prosecuting heinous crimes and corruption crimes, and face-to-face work should be fully converted and readjusted to online video methods.”

He also urged, “Since the livelihood economy is very difficult, it is necessary to take into account the circumstances as much as possible when small business owners and self-employed people commit crimes due to temporary mistakes.”

Prosecutor General Yoon said, “Meanwhile, even in these circumstances, the visitation and communication rights of inmates with their families and lawyers are constitutional rights that the state must strive to guarantee as much as possible. Even if face-to-face visits are difficult, necessary measures for online video visits should be actively sought.”

Finally, Prosecutor General Yoon said, “Dear prosecution family! In this Year of the Ox, let us unite our efforts so that the prosecution undergoes great changes and the people can feel those changes firsthand.” He added, “Also, please always keep in mind that the public is watching us, reflect on ourselves, and pay special attention to our conduct as public officials.”

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