Kim Osu: "President's Listening to Prosecutor's Opinion Has Great Significance"... "Requesting Opportunity to Present Opinion to Judiciary Committee Chair"

Prosecutor General Kim Oh-soo is answering questions from the press on the morning of the 19th while on his way to the Supreme Prosecutors' Office building in Seocho-dong, Seoul.
Photo by Choi Seok-jin

원본보기 아이콘

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Prosecutor General Kim Oh-soo evaluated on the 19th that his meeting with President Moon Jae-in the previous day was highly meaningful and stated, "On behalf of the members of the prosecution, I will directly submit my opinions to the National Assembly."

On his way to the Supreme Prosecutors' Office building in Seocho-dong, Seoul, that morning, Kim met with reporters and said before taking their questions, "Today is the day I submit my resignation letter, and after meeting with the President yesterday, it is my official first day at work, so I will first share what I have prepared and then listen to your questions."

He added, "I must not make any mistakes, so I will read while looking," as he took out his mobile phone and read the prepared statement.

Kim said, "I believe it was very meaningful that the President devoted 70 minutes yesterday to attentively listen to the prosecution's opinions," and added, "As the President said, I will orderly express the prosecution's opinions and, while respecting the authority of the National Assembly, I will submit opinions directly to the National Assembly on behalf of the members of the prosecution."

He continued, "It has been reported that the judiciary also submitted opinions to the National Assembly stating that this bill fundamentally changes criminal procedures and that the National Assembly should carefully examine various aspects such as legitimacy, diverse expert opinions, the impact on protecting citizens' fundamental rights and social security, the necessity of democratic control over the prosecution, the overall impact on investigations, and comparisons with similar foreign laws before deciding on the amendments," and stated, "We will gather the wisdom and strength of the prosecution members and do our best to submit opinions to the National Assembly."

After finishing his prepared remarks, Kim responded to reporters' questions. When asked, "There was a mention to submit opinions centered on the Prosecutor General. What do you think about the upcoming meeting of ordinary prosecutors today?" he replied, "The meeting of ordinary prosecutors is a voluntary gathering of prosecutors after work to share opinions. I am neither in a position to interfere nor to lead decisions, and I believe it should not be so. However, I expect that they will carefully consider these circumstances and reach a wise conclusion."

When asked, "You mentioned during the meeting with the President that you would prepare alternatives to ensure fairness," he said, "From our perspective, the National Assembly, representing the people, is raising questions about the fairness and neutrality of the prosecution's investigations, and the fact that the (검수완박) bill is being discussed because of this calls for genuine reflection and introspection. I have said this multiple times and reported it to the President yesterday, but rather than the 검수완박 bill, it might be possible to devise ways to effectively secure the fairness and neutrality of investigations through the authority of the National Assembly."

He added, "If there is a Special Committee on Criminal Justice System Improvement within the National Assembly's Judiciary Committee to discuss this, we are willing to participate fully. There are various measures we can take on our own, such as the Investigation Deliberation Committee. Some have said that opposing the 검수완박 bill is about prosecutors seeking preferential treatment after retirement, but I want to clarify that this is not the case at all. We are solely offering opinions for the people and the future of the Republic of Korea. We also plan to propose measures to prevent and restrict preferential treatment after retirement."

When asked if he sees the President's meeting as a show of support for the prosecution, Kim responded, "As the representative of the members of the prosecution organization, I believe it is very meaningful that the President accepted my request for a meeting and, despite being busy, devoted 70 minutes to allow me to fully and thoroughly discuss everything."

Regarding scheduling his appearance before the National Assembly, he said, "On my way here, I conveyed to the Chairman of the Judiciary Committee that the President also said I should go to the National Assembly and submit opinions, and I requested an opportunity to appear," and added, "I definitely plan to attend once the bill review process begins in the National Assembly."

When asked for specific explanations about measures to ensure fairness, Kim said, "Rather than the 검수완박 bill, there could be a special law enacted by the National Assembly to secure the fairness and neutrality of prosecution investigations. If the investigation itself becomes problematic, the Prosecutor General, High Prosecutors' Office Chief, or District Prosecutors' Office Chief, who hold investigative authority, could be summoned to the National Assembly. If there are issues due to ongoing investigations, confidential inquiries could be conducted like those of the National Assembly's Intelligence Committee, where we could respond and submit materials."

He added, "Additionally, if the National Assembly passes an impeachment motion, the public official subject to it is suspended from duty. Since the National Assembly holds significant constitutional authority, such procedures could also be utilized."

Finally, Kim said, "If the separation of investigation and prosecution is truly the goal, the core issue during the 2019 prosecution reform was how to balance investigative supervision and investigative authority. At that time, investigative supervision was abolished, but investigative authority was retained," and added, "If further reform is needed, we could discuss reinstating investigative supervision and abolishing investigative authority."

He continued, "However, since there was discussion on this in 2019, it should be thoroughly discussed in a special body or committee like the Special Committee on Criminal Justice Reform as an extension of that process," and added, "I believe the judiciary has expressed a similar position."

Meanwhile, the Supreme Prosecutors' Office clarified that Kim's remarks on investigative supervision and investigative authority were related to past government discussions during the adjustment of investigative authority between the police and prosecution and were not included in the 'alternatives' reported to President Moon the previous day. They also stated that these remarks have not been reviewed by the Supreme Prosecutors' Office.

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.