Jeon Juhye "Prosecutor General Should Be Recommended Solely" vs Kim Jinwook "Proposal and Recommendation Are Different"

Kim Jin-wook, Chief of the High-ranking Officials' Crime Investigation Agency, attended the plenary meeting of the Legislation and Judiciary Committee held at the National Assembly on the 16th, adjusting his glasses. Photo by Yoon Dong-joo doso7@

[Asia Economy Reporter Choi Seok-jin] The Personnel Committee of the Corruption Investigation Office for High-ranking Officials (CIO) has faced opposition from the opposition party, which argued that when recommending prosecutors to the president, the committee should submit a single candidate matching the number of appointments, just like with prosecutors.

In response, Kim Jin-wook, head of the CIO, emphasized that 'nomination' and 'recommendation' are different, and argued that recommending within twice the number does not necessarily mean recommending exactly twice the number.

On the 16th, at the plenary session of the National Assembly's Legislation and Judiciary Committee, Jeon Ju-hye of the People Power Party, acting as an alternative debater on the bill, questioned Kim Jin-wook regarding the interviews for CIO prosecutors scheduled to begin on the 17th, asking, "Isn't the independence of personnel important for the independence and neutrality of the CIO?"

Rep. Jeon asked, "According to the CIO Act, CIO prosecutors are appointed by the president upon recommendation by the Personnel Committee. You created the personnel rules for CIO prosecutors immediately after taking office. Does the provision allowing recommendations within twice the number of planned appointments mean multiple recommendations?"

In response, Director Kim said, "The term used is 'recommendation,' not 'nomination,' so multiple recommendations were intended."

When Rep. Jeon asked, "Then does the president make the final decision on the CIO prosecutors?" Kim replied, "Ultimately, the appointing authority is the president."

Rep. Jeon continued, "This is why regulations are important. According to the prosecutor appointment regulations, prosecutors are appointed by the president upon nomination by the Minister of Justice, but since the Ministry of Justice decides on the final successful candidates before nomination, the president's discretion is limited. Is that correct?"

Kim responded, "Yes, the legal provisions seem somewhat different."

However, Rep. Jeon said, "I think this is an operational issue, not a legal provision issue. By allowing the Personnel Committee to recommend within twice the number, the CIO itself effectively relinquishes personnel decision-making authority and instead gives the president the choice, which could severely undermine the independence and neutrality of personnel. What do you think about this?"

Kim replied, "For prosecutors, the law states that the president appoints upon nomination, but Article 8, Paragraph 1 of the CIO Act states that the president appoints upon recommendation by the Personnel Committee under Article 9. Since it is 'recommendation' and not 'nomination,' the terminology implies multiple recommendations. It is different from nomination."

He added, "However, the limitation to within twice the number means that while multiple recommendations could be three or four times the number, we limit it to within twice the number. Since there is no minimum, recommendations can range from a single candidate up to twice the number. The Personnel Committee can deliberate and decide on an appropriate multiple, such as 1.2 or 1.5 times."

Rep. Jeon then said, "What you are saying is that the CIO is voluntarily undermining its own personnel independence," and asked directly, "Are you willing to recommend a single candidate for CIO prosecutor?"

Kim replied, "That is not within my authority. It is the Personnel Committee's authority."

When Rep. Jeon pressed, "Then why are there two members recommended by each party on the Personnel Committee?" Kim responded, "I fully understand your point. I also believe personnel must guarantee political neutrality and independence. If the Personnel Committee recommends individuals who can fully ensure neutrality and independence, (there is no problem)," he argued.

Rep. Jeon asked, "How will you convey the CIO's intentions to the Personnel Committee? Single recommendation is important. Do you have the intention? Is recommending a single candidate impossible?" Kim answered, "It is possible. But even if I am willing, it is not a decision I can make alone. I am the chairperson and one member, and the decision lies with the committee."

Rep. Jeon concluded the inquiry by saying, "The personnel rules also need to be revised to guarantee the independence of the Personnel Committee."

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