Kim Jin-wook: "The Corruption Investigation Office Chief is a Coordination and Adjustment Communication Channel with the Public Rather Than Direct Investigation"

Keynote Speech on "Democratic Republic and Rule of Law" at Gwanhun Forum
"Article 1 of the Constitution 'The Republic of Korea is a Democratic Republic' is a Normative Proposition"
"Prosecutors of the Corruption Investigation Office Also Have Warrant Request Authority as Quasi-Judicial Institutions"

Kim Jin-wook, Chief of the High-ranking Officials' Crime Investigation Agency (Gong-su-cheo), is discussing with a panel of journalists after delivering a keynote speech on "Democratic Republic and the Rule of Law" at the Kwanhoon Forum held at the Press Center in Jung-gu, Seoul, on the 25th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporters Seokjin Choi and Daehyun Kim] Kim Jin-wook, Chief of the High-ranking Officials' Crime Investigation Office (Gosucheo), stated on the 25th that the role of the Chief of Gosucheo is more about coordination and adjustment rather than direct investigation, serving as a communication channel with the public.

Kim made these remarks during a Q&A session following his keynote speech on the theme "Democratic Republic and the Rule of Law" at a forum hosted by the Gwanhun Club held at the Korea Press Center in Jung-gu, Seoul, that morning.

Regarding prosecutorial reform, Kim said, "I considered the relationship between the Constitutional Court and the Supreme Court." He explained, "Previously, all judicial authority over cases was held by the Supreme Court, but with the establishment of the Constitutional Court, responsibilities were divided. I think the relationship between the prosecution and Gosucheo is similar. The prosecution holds general investigative authority over all cases, while Gosucheo has priority investigative authority over specific types of crimes committed by high-ranking officials."

On why he initially declined the recommendation from the Korean Bar Association to become Chief, he said, "I thought the position was not suitable for me because I lacked experience in investigative agencies. However, after being advised to think it over for a few more days, I reflected deeply, researched the Gosucheo Act, and concluded that I could play a role, so I accepted."

In his earlier keynote speech, Kim stated, "It is often said that the prosecution's authority in our country is stronger compared to other countries. However, especially in investigations of high-ranking officials' crimes or corruption, the prosecution's investigations have frequently been embroiled in controversies over fairness. I understand that the start of the Gosucheo system began with anti-corruption legislation initiated by a legislative petition from the People's Solidarity for Participatory Democracy in 1996."

Regarding the role of Gosucheo, he described it as a quasi-judicial agency similar to prosecutors under the Prosecutors' Office Act, saying, "It must serve all citizens and, in accordance with Article 103 of the Constitution, perform its duties independently based on its conscience under the Constitution and laws." He added, "It is also an entity that bears the duty of objectivity as a representative of the public interest."

Kim also emphasized that Article 1 of the Constitution, stating "The Republic of Korea is a democratic republic," is not a factual proposition but a normative one, meaning "it must be made into a democratic republic."

He explained the background of Article 1 of the 1919 Provisional Charter of the Republic of Korea, which declared "The Republic of Korea shall be a democratic republic," stating, "About a hundred years later, our current Constitution declares in Article 1 that 'The Republic of Korea is a democratic republic.'"

He continued, "It can be seen that the promise made by the provisional government, which was a government-in-exile about a hundred years ago, to establish a democratic republic has been fulfilled by the current Republic of Korea and its government."

He said, "It took a hundred years to fulfill the promise made by the provisional government, but I am not sure if the promise of a democratic republic is still ongoing. If a monarchy is a society where the monarch rules by using law as a means of governance, then a democratic republic is a society where no one is above the law, even the monarch is under the law, and the rule of law applies."

Kim emphasized again, "Although 'The Republic of Korea is a democratic republic' is written in the form of a descriptive factual proposition, its substance is a normative proposition, and all of us are the subjects of this norm. Therefore, I believe that the democratic republic is a task that all of us must work to build. 'The Republic of Korea is a democratic republic' means 'The Republic of Korea must be a democratic republic' or 'The Republic of Korea must be made into a democratic republic,' which is a normative proposition."

Kim also stressed the "rule of law," saying, "Laws must be promulgated in advance, established beforehand, and applied equally to everyone. I believe Gosucheo is a means to realize the rule of law."

He added, "I want to emphasize that the law should not be subordinated to politics as 'rule by law,' but rather, the law should be governed by rationality, independently pursuing what is right according to the principles of justice, and that our investigative agencies should operate accordingly."

Meanwhile, in his opening remarks, Kim revealed that he had hesitated about attending the forum, saying, "My biggest concern was whether it would become a second confirmation hearing." However, he added, "Since Gosucheo is a new institution attracting social attention, and there was a suggestion that a forum like this is necessary from the perspective of the public's right to know, especially regarding how to maintain Gosucheo's neutrality and independence and how to establish relationships with other investigative agencies, I prepared for this event today."

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