Former Special Prosecutor Park Young-soo: "Cannot Accept Anti-Corruption Commission's Judgment That 'Special Prosecutor = Public Official'"

Former Special Prosecutor Park's Side States "Ministry of Justice's Legal Interpretation Is Needed"

Former special prosecutor Park Young-soo, who investigated former President Park Geun-hye and Samsung Electronics Vice Chairman Lee Jae-yong in the state corruption scandal
[Photo by Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] Former Special Prosecutor Park Young-soo, who is suspected of receiving a Porsche rental car from Kim (43), who impersonated a fisherman, has claimed that he cannot accept the Anti-Corruption and Civil Rights Commission's (ACRC) judgment that the special prosecutor is a public official.

On the 16th, former Special Prosecutor Park stated in a press release, "It seems that the ACRC judged that the special prosecutor is 'a person recognized as a public official in terms of qualification, appointment, training, service, salary, and status protection according to the Special Prosecutor Act on the Manipulation of State Affairs,'" adding, "I cannot accept the ACRC's judgment. A legal interpretation from the Ministry of Justice is necessary."

On the same day, the ACRC received a request for a legal interpretation from the Seoul Metropolitan Police Agency regarding "whether the special prosecutor is subject to the Improper Solicitation and Graft Act." After reviewing relevant laws and consulting internal and external experts, the ACRC issued a legal interpretation that the special prosecutor qualifies as a public official. The ACRC explained, "Considering comprehensively that the special prosecutor is appointed with duties, authority, and obligations equivalent or similar to those of a prosecutor concerning the relevant case, and is regulated to be comparable to prosecutors or judges in terms of appointment, qualifications, scope of duties, salary, and status protection, and that penalties apply as if they were public officials."

In response, former Special Prosecutor Park's side pointed out, "According to the Government Organization Act and others, the authority to interpret penalty provisions lies with the Ministry of Justice, and the ACRC does not have the authority to interpret laws within its scope of work."

Furthermore, the special prosecutor argued that they are a "public official entrusted with public authority by the state who exercises public authority in their own name," corresponding to a "public official entrusted with public duties," and are not "a person recognized as a public official by law."

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