Kim Ohsoo Begins Term as Prosecutor General Amid Challenges... Dispelling 'Political Neutrality' Concerns Is Top Priority
Attention Focused on Whether Kim Will Oppose the Organizational Restructuring Plan
That Restricts the Prosecution’s Authority to Initiate Investigations
Kim Ohsoo, then nominee for Prosecutor General, attending the confirmation hearing held at the National Assembly on the 26th of last month, taking the witness oath. Photo by Yoon Dongjoo doso7@
View original image[Asia Economy, reporter Choi Seokjin] As Kim Ohsoo (58, 20th class of the Judicial Research and Training Institute) begins his term as Prosecutor General on June 1, attention is focused on whether he can dispel concerns both inside and outside the prosecution regarding “political neutrality” and successfully achieve both “fair investigations” and “organizational stability.”
He must immediately reach conclusions on several investigations that could be burdensome for the current administration, and the upcoming personnel appointments are closely linked to a major organizational restructuring that will significantly limit the prosecution’s authority to initiate investigations. As a result, what stance he takes is expected to serve as an indicator of his future direction as Prosecutor General.
On this day, after receiving his letter of appointment from President Moon Jae-in at the Blue House, Kim will hold his inauguration ceremony at the Supreme Prosecutors’ Office in Seocho-dong, Seoul, and officially begin his duties.
Upon taking office, his first task will be to discuss the appointment of senior prosecutors at the level of chief prosecutor or higher with Minister of Justice Park Beomgye. Since the Ministry of Justice has announced that the personnel appointments will be made in early June, it is expected that the appointments could take place as early as the end of this week.
Previously, Minister Park stated that he would make the process of gathering the Prosecutor General’s opinions on personnel matters more substantive. However, as prosecutors with pro-government tendencies are already being mentioned as candidates for promotion to chief prosecutor and as successors to key positions, it remains uncertain how much of Kim’s opinion will actually be reflected.
In particular, ahead of this round of appointments, Minister Park is pushing for a reorganization of the prosecution that would further restrict even the criminal divisions’ authority to investigate the “six major crimes” still under the prosecution’s jurisdiction, and require approval from either the Prosecutor General or the Minister to initiate investigations.
The Supreme Prosecutors’ Office has already conveyed to the Ministry of Justice the clear opposition of local prosecutors’ offices to these amendments to the “Regulations on the Organization of the Prosecutors’ Office.” Whether Kim will stand up to Minister Park and represent the prosecution’s position is a key point to watch.
Another difficult task for Kim is to conclude sensitive investigations that Acting Prosecutor General Cho Namkwan deferred to him.
Regarding the “Wolseong Nuclear Power Plant Economic Feasibility Evaluation Manipulation” case, the Daejeon District Prosecutors’ Office has decided to indict Baek Woongyu, former Minister of Trade, Industry and Energy, and Chae Heebong, former Blue House Secretary for Industrial Policy. The Seoul Central District Prosecutors’ Office’s investigations into Lee Yonggu, former Vice Minister of Justice, for allegedly assaulting a taxi driver, and into Prosecutor Lee Gyuwon for allegedly falsifying and leaking the Yoon Joongchun interview report, are also nearing completion. All of these cases are politically sensitive for the administration.
In the “Kim Hakui Illegal Travel Ban” case being investigated by the Suwon District Prosecutors’ Office, Kim himself is implicated, so he cannot directly receive reports or supervise the investigation. However, a decision on whether to indict Lee Gwangcheol, Blue House Secretary for Civil Affairs, is expected soon. Oh Inseo, Chief Prosecutor at the Suwon High Prosecutors’ Office, expressed his intention to resign the previous day in protest against Acting Prosecutor General Cho’s refusal to approve the indictment of Secretary Lee.
In addition, Kim must also conclude investigations involving Prosecutor Han Donghoon, implicated in the “Channel A Attempted Coercion” case, and those related to former Prosecutor General Yoon Seokyoul, which were directed by former Minister of Justice Choo Mi-ae.
Another challenge for Kim is to establish appropriate relationships with the Corruption Investigation Office for High-ranking Officials (CIO), which has been in conflict with the prosecution over investigative authority, and with the police, whose investigative powers have been adjusted. Attention is also focused on whether he can persuade the ruling party, which views the establishment of the Serious Crimes Investigation Office and the Public Prosecution Office-and the complete stripping of the prosecution’s investigative authority (“Prosecution Reform Complete”)-as the final step in prosecution reform, to protect the prosecution’s powers.
Kim has previously cited “organizational stability” as his most important task after taking office. With the ongoing adjustments to investigative authority between the prosecution and police, and the prosecution organization having been divided during last year’s “Choo-Yoon conflict,” it is not an easy situation to unify and stabilize the organization.
However, the prevailing view in legal circles is that the more important issue is whether he can dispel concerns about himself and maintain both “political neutrality” and the “independence of the prosecution.” It is pointed out that his conduct as Vice Minister, a political appointee, and as the head of the prosecution must be completely different.
Former Chief Prosecutor A recalled, “As far as I remember, even during the TK (Daegu-Gyeongbuk) administration, Kim was not particularly rebellious but rather tended to follow orders from above.”
Regarding Minister Park’s push for reorganization, A commented, “Investigative authority belongs to the prosecution or the police, and the Minister should direct through the Prosecutor General. This reorganization plan, which would allow the Minister to directly decide to initiate investigations, makes no sense. Kim must clearly express his own position. If he does not oppose something that is clearly wrong from the very beginning, it would mean he is prepared to simply follow orders in the future.”
Another former Chief Prosecutor, B, said, “Kim was always open and enterprising in his work. As a chief prosecutor, he did not fall into old habits, made many reform-minded statements, and came up with many new ideas.”
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He added, regarding the prosecution’s reorganization, “Regardless of whether it is the Ministry of Justice or the Supreme Prosecutors’ Office, we should look at what is right for the people and the nation’s judicial system and follow that.”
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