[The Editors' Verdict] Han Dongsu, Head of Inspection, Must Explain Illegal Forensic Controversy

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Inspection Department of the Supreme Prosecutors' Office seized and conducted forensic analysis on the official phones previously used by former spokespersons of the Supreme Prosecutors' Office to investigate the allegations of 'report solicitation' involving former Prosecutor General Yoon Seok-yeol and the 'mother-in-law response documents.' Although the submission was voluntary in form, it was reported to Prosecutor General Kim Oh-soo in advance, and if Inspection Section Chief Kim Deok-gon of the Inspection Division 3 stated that "non-cooperation with the inspection is also an inspection matter," it is presumed that it would have been difficult for the spokesperson's office to refuse to submit the official phones in their possession.

Han Dong-su, head of the Inspection Department, who was appointed by former Minister of Justice Cho Kuk just before his resignation, has been conducting a rigorous investigation akin to a criminal investigation even now, long after the 'report solicitation' allegation case was assigned to the Seoul Central District Prosecutors' Office and then transferred to the High-ranking Officials' Crime Investigation Division (Public Officials Corruption Investigation Office, or POGO).

Typically, when a criminal investigation begins on the same matter, inspections aimed at disciplinary action usually wait for the results of the criminal investigation, which is intended for judicial processing, before deciding whether to impose discipline and at what level. This is because the intensity of investigations such as compulsory measures is far greater in criminal investigations than in inspections. In fact, the exclusion from duty and transfer to the Judicial Research and Training Institute of former Deputy Chief Prosecutor Jeong Jin-ung of the Ulsan District Prosecutors' Office, who committed abuse of authority against Prosecutor Han Dong-hoon during a search and seizure process, occurred only after a guilty verdict was handed down by the court.

Whether to repay former Minister Cho, who recommended him, or for other reasons, last year, Han, the head of the Inspection Department, took a defiant stance against former Prosecutor General Yoon, almost bordering on insubordination, amid the 'media collusion' case and led the disciplinary request against Yoon, but the court blocked it, resulting in failure. While it is understandable that Han is now fully committed to the inspection case related to Yoon, who has become the opposition party's presidential candidate, this matter still requires clear explanations on several points.

The most problematic issue is that the Inspection Department did not guarantee the opportunity for former spokesperson Kwon Soon-jung, the subject of the inspection, to observe the forensic process. Even if the forensic analysis was conducted without a court warrant on the grounds that the official phones had been used and returned, at the very least, former spokesperson Kwon should have been notified and allowed to observe. When the subject of seizure and search is not the 'object' itself but specific 'information' contained within the object, the right to observe should be guaranteed to the information subject, not the custodian of the object. Therefore, the Inspection Department's claim that "observation by the spokesperson office's administrative staff is sufficient" is difficult to accept. The explanation that "(we searched first) but could not restore any information, so there was no chance to notify the information subject afterward" is equally unconvincing.

The second issue is that the Inspection Department freely accessed the official phones used by the spokesperson, who communicated with multiple media outlets, without any observer present. Due to increasingly strict public relations rules following the investigation of former Minister Cho, the spokesperson has become the only channel through which the media can communicate with the prosecution. As a result, records of calls and text messages exchanged between the spokesperson and various media outlets over several years were fully exposed. Since no court warrant was obtained, the forensic analysis was conducted without any restrictions on the timing or scope of the information extracted. This has raised concerns that this might be censorship of the media disguised as an inspection.

Lastly, it is also questionable that immediately after the forensic analysis, POGO conducted a search and seizure of the Supreme Prosecutors' Office Inspection Department and took the forensic data. Since POGO could have requested a warrant from the court to secure the data, the fact that the Supreme Prosecutors' Office Inspection Department analyzed it on their behalf has led to talk of 'subcontracted inspection.'

Despite the gravity of the matter, the only explanation the Inspection Department has provided so far is a one-page statement claiming 'there is no problem.'

On the afternoon of the 9th, reporters covering the Supreme Prosecutors' Office visited Prosecutor General Kim to demand an explanation from Han, the head of the Inspection Department, but Kim refused to order an explanation, saying it was a matter for the Inspection Department to decide. This led to comments questioning whether 'the Inspection Department is above the law.' Even after such turmoil, Han said he would provide additional written explanations. When the press corps rejected this, he posted a one-page explanation on his Facebook.

If the only ones demanding an explanation about the legality of this search and seizure process are reporters, and if Han thought it sufficient to just say what he wanted in a written statement regardless of whether the materials were accepted, that is a misjudgment and arrogance. It is the sovereign people, who have delegated inspection authority, who must scrutinize whether the Inspection Department's actions were illegal, and Han has an obligation to respond sincerely.

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