[Exclusive] Democratic Party to Revise Legal Clause on 'Prosecutor Personnel, Hearing Prosecutor General's Opinion'

Controversial Article 34(1) of the Prosecutors' Office Act
Prosecutorial Reform Committee Calls for "Substantive Prosecutor Personnel Committee"

[Image source=Yonhap News]

[Asia Economy Reporter Park Cheol-eung] The ruling party is pushing for a revision of the legal provision that requires the Minister of Justice to seek the opinion of the Prosecutor General when making prosecutorial personnel appointments. This aims to prevent conflicts between the Minister and the Prosecutor General that arise when the administration and the prosecution are at odds. Discussions are also underway to strengthen the right to counsel to protect the rights of suspects.

However, since this is also part of prosecutorial reform measures such as 'reducing the power of the Prosecutor General,' criticism may arise that it is an attempt by the administration to control the prosecution.

Oh Ki-hyung, a member of the Democratic Party and spokesperson for the Special Committee on Prosecutorial Reform, said in a phone interview with Asia Economy on the 17th, "We are discussing procedural improvements such as careful consideration and seeking advice to avoid hasty decisions when making prosecutorial personnel appointments," adding, "Personnel authority is exercised by representative bodies elected by the people with democratic legitimacy, so if the Prosecutor General exercises (substantial) personnel authority, it goes against the democratic order."

This targets Article 34, Paragraph 1 of the Prosecutors' Office Act, which states that "The Minister of Justice shall seek the opinion of the Prosecutor General when recommending the appointment of prosecutors." This provision was created after a clash over personnel appointments between former Minister of Justice Kang Geum-sil and Prosecutor General Song Kwang-soo during the Roh Moo-hyun administration. Last year, when controversy over prosecutorial personnel appointments arose, President Moon Jae-in also remarked, "The Prosecutor General asking the Ministry of Justice for personnel proposals first goes against the personnel process."

Oh said, "The term 'conflict' itself is from a bureaucratic perspective," and added, "(The President and the Minister of Justice) hold the personnel authority and consult with (the Prosecutor General), but it is not an agreement."

Another Special Committee official said, "In the past, the Prosecutor General's opinions were substantially reflected in personnel decisions, but when an administration that has a tense relationship with the prosecution comes in, conflicts over personnel arise," and added, "To eliminate so-called patronage appointments, there are opinions that the Prosecutorial Personnel Committee should move beyond a formal body and properly fulfill its role."

Last year, the Ministry of Justice and Prosecutorial Reform Committee also recommended revising the law, citing "the lack of specific regulations on the form or procedures regarding Article 34, Paragraph 1 of the Prosecutors' Office Act, which requires listening to the Prosecutor General's opinion, leading to conflicts and confusion between the Minister of Justice and the Prosecutor General recently."

The core of this is also to enable the Prosecutorial Personnel Committee to play a substantive role. The Prosecutor General submits opinions in writing to the Personnel Committee, and the Minister of Justice recommends appointments to the President based on the committee's opinions rather than the Prosecutor General's. It is premised that the majority of the Personnel Committee members are independent from the Ministry of Justice or the prosecution.

Revisions to the inspection authority, which was at the center of the conflict between former Minister of Justice Chu Mi-ae and Prosecutor General Yoon Seok-youl, are also a main part of prosecutorial reform. A Special Committee official said, "Although the prosecution has claimed to strengthen the inspection function, in reality, it has been handled by pro-prosecution personnel, so there has been little change," adding, "There is a need to substantiate inspections and clarify the relationship between the Ministry of Justice and the Supreme Prosecutors' Office inspections."

Measures to strengthen the right to counsel in protecting suspects' rights are also being discussed. The Ministry of Justice and Prosecutorial Reform Committee recommended, "There are cases where lawyers are obstructed or warned to leave the prosecutor's office for providing advice or consultation or expressing opinions during suspect interrogations without the investigator's approval," and added, "It is necessary to legally guarantee the right to advise and consult and the right of lawyers to express opinions to investigative agencies even during interrogations."

The Democratic Party plans to introduce these reform bills along with a bill to completely abolish the prosecution's investigative authority within this month's National Assembly session.

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