Growing Doubts About 'Prosecutorial Reform' Amidst the Troubled Investigation of Daejang-dong by the Prosecution

Reduction of Investigation Scope in Prosecutorial Authority Adjustment
Dedicated Teams, Not Special Investigation Headquarters, Respond
Inexperienced Prosecutors Struggle to Grasp
Investigation Time Limited by Human Rights Rules
Prosecutorial Reform Criticized for Causing Inadequate Investigations

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] "Prosecution reform was done properly."

Kim Kyung-yul, co-representative of Economic Democracy 21, recently wrote this on his social media (SNS) account regarding the prosecution's investigation into preferential treatment and lobbying in the Daejang-dong development in Seongnam City. It is an ironic expression suggesting that the background of the prosecution's investigation, which is causing controversy over inadequacy inside and outside the prosecution, lies in the government’s forceful push for prosecution reform.

He is not alone. Many in the legal community share his view. The prosecution is stumbling in its investigation of the Daejang-dong allegations. There is an analysis that the limits of the prosecution’s investigation stem from the prosecution reform implemented by the current government. A legal insider pointed out, "We need to reflect on whether the current state of the prosecution, digging into the Daejang-dong allegations, is truly the image we intended to create through reform." This is the so-called ‘prosecution reform skepticism.’

◆Did the reformed prosecution cause inadequate investigation?

Many voices say the first step was wrong. The prosecution responded to the Daejang-dong allegations by forming a dedicated investigation team rather than a special investigation headquarters. This was a ‘decision’ by Prosecutor General Kim Oh-soo. Due to the adjustment of investigative authority with the police and the narrowed scope of investigation, and with the existence of the Corruption Investigation Office for High-ranking Officials, it was believed that a dedicated investigation team was the best option. However, since it was merely a gathering of existing investigation teams from the Seoul Central District Prosecutors’ Office, the investigation is faltering. Kim Tae-hoon, the 4th Deputy Chief Prosecutor of the Central District Prosecutors’ Office, who should lead the team, is criticized for lacking experience in large-scale special investigations and being at a loss. The prosecutors on the team are also known to be inexperienced in special investigations. Ultimately, the prosecution personnel reshuffle that sidelined prosecutors specialized in special investigations has backfired.

The total investigation time was also absolutely insufficient. This is due to the ‘Human Rights Protection Investigation Rules’ established in December 2019 as part of prosecution reform. According to the rules, the prosecution cannot conduct late-night interrogations from 9 p.m. to 6 a.m. Additionally, the total actual interrogation time per day is limited to 8 hours, and if the suspect is released after interrogation and needs to be called again, there must be an 8-hour wait. However, in cases where the statute of limitations is about to expire or the detention period is imminent, more time can be granted with the approval of a human rights protection officer. In the case of the Daejang-dong allegations, this exception applies only to Yoo Dong-gyu, the former Planning Director of Seongnam Urban Development Corporation, who is in custody; other key figures are not detained, making it difficult to apply.

◆Bitter joke... prosecution becomes the target of ridicule

It is reported that Lee Jung-soo, head of the Seoul Central District Prosecutors’ Office, recently discussed the prosecution’s investigation into the Daejang-dong allegations during a drinking gathering with acquaintances outside the prosecution. This move is seen as an effort to gauge public sentiment amid criticism of the prosecution’s investigation. The public’s view of the prosecution is far from favorable. In various online spaces that lead public opinion formation, the dedicated investigation team for the Daejang-dong allegations is met with continuous ridicule and sarcasm from the public. When news broke that lawyer Nam Wook was arrested and then released the day before, social media posts appeared saying, "The prosecution’s strategy is to release him quietly and then pursue a thorough crackdown."

[Image source=Yonhap News]

◆Low likelihood of Nam Wook’s detention... prosecution faces more challenges ahead

For now, the prosecution is expected to first bring Yoo, whose detention period expires on the 22nd, to trial and soon request arrest warrants for Kim Man-bae, the major shareholder of Hwacheon Daeyu Asset Management, and lawyer Nam. It will be a reapplication for Kim and the first attempt for Nam. The consensus in the legal community is that the likelihood of Nam’s detention is very low. Nam voluntarily returned from the United States in the early morning of the 18th, appeared before the prosecution, and cooperated sincerely during the summons, making it difficult to argue that there is a risk of evidence destruction or flight.

Considering this reality, the prosecution released Nam the day before but summoned him again in the afternoon and the following morning for further questioning. Seongnam City Hall has also conducted four raids within a week to secure related materials, but it is reported that they have been unable to properly verify the data due to unstable computer networks. Meanwhile, the core four?Kim, former Director Yoo, lawyer Nam, and accountant Jung?are shifting responsibility onto each other during prosecution investigations, creating confusion and making it difficult for the prosecution to ascertain the facts. Under these circumstances, tomorrow and this weekend could be the biggest turning points in the investigation for the prosecution.

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