Reassignment of 'Defiant Chief Prosecutors' Over Daejang-dong Appeal Dropped? Focus Shifts to Organizational Stability

Office of the President: "We are observing the Ministry of Justice's actions"
Some interpret this as a move to support the new leadership

Amid reports that the Ministry of Justice has decided not to immediately reassign chief prosecutors who protested the decision to forgo an appeal in the Daejang-dong case, the Presidential Office stated on November 24, "The consistent position of the Presidential Office is to closely monitor the actions of the Ministry of Justice." This is interpreted as a reiteration of the Presidential Office's attempt to distance itself from personnel measures regarding these chief prosecutors.

Yonhap News Agency

According to legal circles and the ruling party, the Ministry of Justice has reportedly decided not to proceed with personnel measures against the 18 chief prosecutors who objected to the decision to drop the appeal in the Daejang-dong case. Initially, there were strong voices within the ruling party calling for disciplinary action, viewing the chief prosecutors' request for an explanation regarding the decision to forgo the appeal-posted on 'e-Pros', the prosecution's internal network-as an act of insubordination.

There is analysis that the Ministry of Justice's latest decision reflects a focus on the immediate need to stabilize the organization. If disciplinary action were to be taken, some chief prosecutors might file administrative lawsuits against the Ministry of Justice seeking to overturn the disciplinary measures, which could prolong the turmoil. Additionally, there is a perspective that the move is intended to empower the new leadership following the appointments of Koo Jahyun as Acting Prosecutor General (29th class of the Judicial Research and Training Institute) and Park Cheolwoo as Chief Prosecutor of the Seoul Central District Prosecutors' Office (30th class). Since the resignations of Park Jae-eok, Chief Prosecutor of Suwon District Prosecutors' Office, and Song Kang, Chief Prosecutor of Gwangju High Prosecutors' Office, no further resignations have been submitted by chief prosecutors.

Previously, on November 10, 18 chief prosecutors from district prosecutors' offices nationwide released a statement on the prosecution's internal network 'e-Pros', requesting additional clarification regarding the prosecution's decision to forgo an appeal in the Daejang-dong development allegations. The chief prosecutors stated that the explanation provided by Noh Manseok, then Acting Prosecutor General, "did not include any specific details or legal grounds for forgoing the appeal, making it difficult to accept." They further wrote, "We once again request a detailed explanation of the circumstances and legal basis that led to the order to drop the appeal."

In response, the Ministry of Justice and other government agencies initially considered reassigning the chief prosecutors to the position of ordinary prosecutors. While the position of chief prosecutor is a post rather than a rank, and thus such a move is not technically a disciplinary action, it is generally seen as a de facto 'demotion' since it results in the removal of command authority. There have been several cases in previous administrations where chief prosecutors who became problematic were reassigned as ordinary prosecutors. In addition to reassignment, the government also considered launching an investigation or work audit under Article 66 of the National Public Service Act (Prohibition of Collective Action). Currently, a complaint against the 18 chief prosecutors has been filed with the Corruption Investigation Office for High-ranking Officials, and depending on the outcome of the work audit, further disciplinary procedures may follow.

There were also strong demands from the ruling party. On November 14, Kim Hyunjung, floor spokesperson of the Democratic Party of Korea, urged Minister of Justice Jeong Seongho to "immediately initiate an audit and remove the chief prosecutors who defied orders from their posts and reassign them," adding, "Since the position of chief prosecutor is a post, not a rank, it is possible under current law to remove them from their posts." Article 6 of the Prosecutors' Office Act distinguishes prosecutors only as the Prosecutor General and prosecutors in terms of rank.

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