Park Beom-gye, Accepting the Results of the Supreme Prosecutors' Office Chiefs Meeting? ... Orders High-Intensity Joint Inspection (Comprehensive)

On the afternoon of the 22nd, at the Justice Hall on the 2nd floor of the Seoul High Prosecutors' Office in Seocho-dong, Seoul, Lee Jeong-su, Director of the Prosecutor's Office at the Ministry of Justice (left), and Ryu Hyuk, Inspector General of the Ministry of Justice, are holding a briefing related to the perjury obstruction case in the trial of former Prime Minister Han Myeong-sook. Photo by Choi Seok-jin

[Asia Economy Reporters Seokjin Choi and Daehyun Kim] On the 22nd, Minister of Justice Park Beom-gye outwardly accepted the conclusion of the Supreme Prosecutors' Office's chiefs' meeting to maintain a decision of no charges against witness Kim, who was implicated in allegations of false testimony obstruction in the trial of former Prime Minister Han Myeong-sook.

However, Minister Park expressed strong dissatisfaction with procedural issues of the Supreme Prosecutors' Office chiefs' meeting and ordered a thorough joint investigation by the Ministry of Justice Inspection Office and the Supreme Prosecutors' Office Inspection Department into the entire process of the investigation from over ten years ago, including the handling of the complaint regarding the coaching of false testimony and the procedures of the chiefs' meeting.

Minister Park and the Ministry of Justice stated that the inspection aims to improve the system to correct past wrongful investigative practices by the prosecution. Contrary to the initial statement that they would accept the no-prosecution conclusion from the chiefs' meeting, they instead expanded the scope of the inspection, showing an intention to keep this case as an ongoing issue.

"I will not order re-investigation to prosecute again"... Effectively Accepting?

At a Ministry of Justice briefing held on the afternoon of the same day at the Justice Hall on the 2nd floor of the Seoul High Prosecutors' Office in Seocho-dong, Seoul, Minister Park expressed strong dissatisfaction with the Supreme Prosecutors' Office chiefs' meeting held last week.

Minister Park said, "The purpose of this investigative directive was to have the prosecution reconsider through rational decision-making," and “However, I have doubts whether the intent of exercising the investigative directive to uphold procedural justice was properly reflected in the high-level prosecution meeting held this time.”

Specifically, he pointed out the attendance of a prosecutor from the investigation team, who was not scheduled to attend that day, and the immediate media reporting of the meeting results right after the meeting ended as problematic.

He said, "This meeting was to deliberate on whether the inmate gave false testimony, not on the guilt or innocence of former Prime Minister Han Myeong-sook," and "it was not a meeting to handle disciplinary procedures against the prosecutors who initially investigated the inmates, yet the prosecutor from the investigation team, suspected of coaching testimony, attended the meeting without prior consultation. This was not included in the minister's investigative directive," he expressed dissatisfaction.

He also stated, "Even the Supreme Prosecutors' Office chiefs' meeting had its proceedings leaked to certain media outlets in an instant," and "it is deeply regrettable that procedural justice was again questioned during the process of implementing the investigative directive on a case where procedural justice was already an issue."

Minister Park emphasized, "Therefore, I will strongly promote effective institutional improvements to correct various problems related to direct prosecution by the prosecution revealed in this matter," and "We will thoroughly investigate the truth through strict joint inspections by the Ministry of Justice and the Supreme Prosecutors' Office."

Among the matters Minister Park announced for thorough fact-finding through joint inspection are ▲human rights-violating investigative methods confirmed during the case handling process ▲circumstances of providing conveniences to inmates and using them as informants ▲opaque summons and investigations of related parties, including the investigation and trial process of former Prime Minister Han's political funds violation case from over ten years ago.

Additionally, ▲the process from the complaint reception of this case to the Supreme Prosecutors' Office's decision of no charges ▲media leaks of the Supreme Prosecutors' Office chiefs' meeting contents are included in the inspection scope.

At the briefing, reporters repeatedly asked, "Did the minister accept the results of the Supreme Prosecutors' Office chiefs' meeting?"

This was because the press release containing the minister's position did not clearly express this.

In response, Director Lee said, "Today is the day the statute of limitations expires for the false testimony obstruction part," and "the minister will not issue a re-investigation directive on that part."

If Minister Park did not accept the chiefs' meeting results, he would issue a re-investigation directive to prosecute, but since no such directive will be issued by the expiration date, it can be interpreted as effectively accepting the results.

However, Director Lee took an ambiguous stance, saying, "It can be seen as effectively accepting, but that part is up to their own judgment."

Furthermore, Director Lee added, "From tomorrow, the statute of limitations expires, so even if new charges are found, punishment is not possible," and "In this situation, we cannot say that we accept this or that the no-charge conclusion corresponds to the substantive truth. However, there is clearly a regrettable part regarding how much effort the prosecution made to discover the substantive truth until now, and today is not a day to give a clean bill of health for discovering the substantive truth, and we cannot help but point out procedural justice issues."

Summarizing Minister Park's announcement and Director Lee's responses, since Minister Park will not overturn the no-prosecution (maintenance of no charges) decision of the Supreme Prosecutors' Office chiefs' meeting by issuing a prosecution directive, it can be said that Minister Park has effectively accepted the chiefs' meeting results in terms of the substantive aspect (whether the false testimony obstruction charges are recognized).

However, neither Minister Park nor Director Lee considers this decision as an acknowledgment that there is no substance to the allegations of false testimony obstruction. They believe there were various procedural problems during the investigation and the handling of the complaint, and although prosecution or disciplinary action is impossible due to the expiration of the statute of limitations, they intend to thoroughly uncover the truth through inspection to improve the system and eliminate past wrongful practices.

On the evening of the same day, while leaving the Ministry of Justice Gwacheon Government Complex, Minister Park told reporters, "(The joint inspection) will not end half-heartedly," and "It will be conducted on a considerable scale and for a considerable period."

Although the witness will not be prosecuted according to the Supreme Prosecutors' Office chiefs' meeting results, Minister Park's intention to continue the investigation through a strong inspection indicates that whether the initial promise to accept the chiefs' meeting results was genuine will become a subject of debate.

Previously, at the Ministry of Justice briefing on the 17th regarding Minister Park's investigative directive to hold the Supreme Prosecutors' Office chiefs' meeting related to former Prime Minister Han's case, Director Lee responded to reporters' question, "Even if a no-prosecution conclusion is reached, will the minister accept the chiefs' meeting results?" by saying, "Yes, the intention is to have them reconsider if possible." Minister Park also expressed willingness to accept Acting Prosecutor General Cho Nam-gwan's decision to have frontline high prosecutors attend the chiefs' meeting.

Supreme Prosecutors' Office: "We will actively cooperate with joint inspection"... "Judged solely based on law and evidence"

Regarding Minister Park's order for joint inspection, the Supreme Prosecutors' Office immediately stated, "We will actively cooperate."

The Supreme Prosecutors' Office said in relation to the Ministry of Justice's briefing announcing the joint inspection plan, "We deeply sympathize with the criticism of wrongful investigative practices in direct prosecution," and "We will actively cooperate with the joint inspection to compare and review past and current investigative practices and derive reasonable improvement measures."

Regarding this, the Supreme Prosecutors' Office added, "Last June, the Ministry of Justice and the Supreme Prosecutors' Office jointly formed a task force that principally prohibited inmate summons for obtaining investigative information, strengthened supervision of repeated investigations, and mandated video recording, and we will actively prepare additional improvement measures going forward."

Also, the Supreme Prosecutors' Office emphasized, "This decision was made after a 13-hour and 30-minute rational decision-making process at the 'Supreme Prosecutors' Office chiefs' meeting,' which included high prosecutors in attendance per the minister's investigative directive, and was judged solely based on law and evidence."

Meanwhile, the Supreme Prosecutors' Office also responded to the Ministry of Justice's criticism that a prosecutor from the investigation team, who was not originally on the attendance list, attended the meeting without prior consultation.

The Supreme Prosecutors' Office explained, "The prosecutor attended not to hear his own defense regarding the coaching of false testimony allegations, but to accurately assess the credibility of witness Han's testimony, an important reference related to the case's issues, and the committee decided this without objections from the inspection chief and other members."

They added, "However, since the explanation on this point was insufficient during the previous report, if requested by the Ministry of Justice, we will submit the entire or partial transcript regarding compliance with procedural justice."

Regarding the media reporting immediately after the chiefs' meeting, the Supreme Prosecutors' Office stated, "Considering public interest in this case and the prior announcement of the meeting, there are circumstances to consider, but we also regret that the discussion process and conclusions were immediately reported to certain media or leaked through social media."

Ministry of Justice and Supreme Prosecutors' Office 'Joint Inspection'... Potential New Source of Conflict Between Ministry and Prosecution

Although the joint inspection ordered by Minister Park appears to be a joint inspection by the Ministry of Justice and the Supreme Prosecutors' Office, it can be seen as an inspection of the prosecution by the Ministry of Justice in practice.

This is because the Supreme Prosecutors' Office Inspection Department, which will conduct the inspection jointly with the Ministry of Justice Inspection Office, is led by Inspection Chief Han Dong-su, who sided firmly with the Ministry of Justice since former Minister Chu Mi-ae's tenure, opposing then Prosecutor General Yoon Seok-youl.

Chief Han, a former judge with no investigative experience, has recently emerged as a strong candidate for the next Prosecutor General.

The Supreme Prosecutors' Office Inspection Department also includes Inspection Policy Research Officer Lim Eun-jeong, who attempted to investigate witness Kim related to the false testimony obstruction allegations. Lim is currently under investigation for official secrets leakage for posting the internal case assignment process on her Facebook.

At the Ministry of Justice briefing, a question was raised about whether Lim would participate in the joint inspection. The question concerned the appropriateness of Lim's participation in the inspection while she is under investigation for official secrets leakage related to this case.

In response, Inspector Ryu Hyuk said, "Despite various negative evaluations from several members, we should see this as all members uniting constructively to work together."

This appears to be a remark aware of many colleagues and senior prosecutors within the prosecution who hold negative views on Lim's social media activities and her fixation on this decade-old case.

When asked, "Despite negative evaluations, does this mean Lim will participate in the inspection?" Inspector Ryu replied, "Lim is also a member of the inspection department, so there is no reason for her not to participate."

However, Inspector Ryu avoided a direct answer when asked whether Lim's official secrets leakage charge would be included in the joint inspection scope. Upon repeated questioning, he said, "I was referring to issues related to improving the direct investigation culture, and this part is not included in the joint inspection scope."

On the way home, Minister Park was asked a similar question about Lim and said, "If there is a problem, it might be appropriate for Lim not to inspect the media leak part," and "The minister cannot exclude or include her. Lim belongs to the Supreme Prosecutors' Office Inspection Department, so it would be good if the department decides."

Minister Park and the Ministry of Justice emphasize that the inspection aims to improve wrongful investigative practices and institutional reforms.

However, if Chief Han and Research Officer Lim, whom Minister Park supports, proceed with re-investigations of witnesses and prosecutors suspected of coaching false testimony, despite the no-charge conclusion on the false testimony obstruction allegations, strong resistance from the prosecution is expected.

Since the statute of limitations for prosecution and disciplinary action has expired for both the witnesses' false testimony obstruction charges and the prosecutors' coaching allegations (the Ministry of Justice holds the position that the Minister of Justice can issue warnings even after the disciplinary statute of limitations has passed according to related guidelines and regulations), controversy over the appropriateness of the inspection conducted under the pretext of institutional reform is likely to arise.

Moreover, Minister Park defined the media leak of the confidential Supreme Prosecutors' Office chiefs' meeting results as a "violation of procedural justice" and announced a thorough fact-finding through strict inspection. If the Ministry of Justice or the Supreme Prosecutors' Office Inspection Department investigates the leak by checking the mobile phone communication records of frontline high prosecutors or chiefs (prosecutor general level) who attended the meeting, it could spark further conflicts.

Former Minister Chu issued several investigative directives and inspection orders related to former Prosecutor General Yoon but failed to discipline him due to court intervention and was eventually dismissed. Since his appointment, Minister Park has faced calls for resignation from the opposition party due to controversies such as bypassing Yoon and former Blue House Civil Affairs Secretary Shin Hyun-soo in personnel appointments and expressing support for the establishment of the Serious Crime Investigation Agency (Jungsoo-cheong).

While former Prosecutor General Yoon, who opposed the legislative push for the Serious Crime Investigation Agency and resigned, continues to gain support, the Korean Land and Housing Corporation (LH) employees' speculation scandal has erupted, plunging the Blue House and ruling party into a comprehensive crisis ahead of elections.

Minister Park's joint inspection order related to former Prime Minister Han's case from ten years ago may be used as a public opinion shift card to regain justification for prosecutorial reform, such as the establishment of the Serious Crime Investigation Agency and the Public Prosecution Service (Gongso-cheong), and the complete removal of prosecution's investigative authority (known as "Geomsu Wanbak").

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