First Suspension of Central District Prosecutor General in Constitutional History... Central District Prosecutors' Office Says "No Grounds for Impeachment No Matter How You Look"

by Son Seonhee

Published 05 Dec.2024 13:46(KST)

Updated 05 Dec.2024 15:15(KST)

As the impeachment motion against Lee Chang-soo, head of the Seoul Central District Prosecutors' Office, passed the National Assembly on the 5th, the Seoul Central District Prosecutors' Office strongly opposed it, stating, "A prosecutor investigating according to law and principles and handling cases based on evidence and legal reasoning cannot be grounds for impeachment."

Seoul Central District Prosecutors' Office. Yonhap News Agency

On the same day, immediately after the passage of the impeachment motion, the Seoul Central District Prosecutors' Office issued a statement saying, "The grounds for impeachment are that there was preferential treatment in investigations of specific cases, violating the principle of equality and the duty of political neutrality. However, no matter how much we examine the motion, it appears to be merely a dissatisfaction with case handling rather than constitutional grounds for impeachment."

Earlier, the National Assembly, led by the Democratic Party of Korea, passed impeachment motions against Lee, the head of the Central District Prosecutors' Office, Cho Sang-won, the 4th Deputy Chief of the Seoul Central District Prosecutors' Office, and Choi Jae-hoon, head of the Anti-Corruption Division 2 of the Seoul Central District Prosecutors' Office. They are the core command line of the Central District Prosecutors' Office responsible for investigating special cases. With the passage of the impeachment motion, they were immediately suspended from their duties. The Democratic Party targeted the key leadership after the Central District Prosecutors' Office, which had been investigating allegations of stock price manipulation involving First Lady Kim Geon-hee and Deutsche Motors, decided not to prosecute.

The Central District Prosecutors' Office condemned, "Due to the abuse of the impeachment right causing the collapse of the command system of the Seoul Central District Prosecutors' Office, there is great concern about the paralysis of investigations not only into major current issues but also into livelihood crimes related to the public’s life, health, and property, such as fraudulent deposits, illegal private loans, voice phishing, digital sex crimes, and drug cases."

On the 5th, at the plenary session held in the National Assembly, the impeachment motion against Lee Chang-su, Chief Prosecutor of the Seoul Central District Prosecutors' Office, was passed with 185 votes in favor, 3 against, and 4 invalid out of a total of 192 votes. Ruling party members were absent.

With the head position vacant until the Constitutional Court delivers its impeachment judgment, the Central District Prosecutors' Office has transitioned to an acting system under Park Seung-hwan, the 1st Deputy Chief Prosecutor. The Central District Prosecutors' Office stated, "During this critical time, we will do our best to ensure that no harm comes to the public due to delays in investigations and trials under the acting leadership system, and that investigations and trials of various livelihood cases proceed without disruption."

Meanwhile, regarding this situation, the Korean Prosecutors' Association (Chairman Han Sang-dae) also issued a statement criticizing the opposition party-led impeachment of prosecutors as an "anti-constitutional atrocity." The association said, "Impeaching prosecutors simply because the prosecution's investigation does not please the opposition party is an anti-constitutional atrocity that destroys the independence and neutrality of the prosecution, which are the foundations of the rule of law," adding, "Impeachment requires serious illegal acts as grounds, and since it is clear that there are no grounds for impeaching the prosecutors, the Constitutional Court should immediately dismiss the case due to lack of requirements."

Furthermore, they stated, "The act of impeachment aimed at 'suspension of duties,' fully aware that it will ultimately be dismissed by the Constitutional Court, constitutes abuse of authority violating the Constitution and laws and is defamation that unjustly damages the honor of prosecutors," urging, "The prosecution must immediately begin investigations into this matter." They also called for the resignation of the Democratic Party lawmakers who led the impeachment of the prosecutors.