Setting up independent investigative body major sticking point

By Lee Kyung-min

Heated debate is expected among the political parties over President Moon Jae-in’s plan to set up an independent investigative body that will look into corruption of high-ranking public officials and their families.

The plan, part of Moon’s major initiative to reform the prosecution, is supported by the ruling Democratic Party of Korea (DPK) and centrist People’s Party, while the Liberty Korea Party and Bareun Party are against it.

The parties supporting it say setting up the body is the only way to dispel public distrust against the prosecution, but the conservative opposition parties say preventing Cheong Wa Dae and other high-profile figures from intervening in prosecution investigations is required before establishing the body.

Given that at least 180 votes are required to table a motion at the National Assembly, the liberal bloc will need at least 20 more votes as the DPK and People’s Party has 120 and 40 votes, respectively.

According to a related bill pending at the National Assembly, the body can investigate suspected corruption of former presidents and their fourth cousins, high-ranking Cheong Wa Dae officials, ministers, vice ministers, lawmakers, heads of municipalities, judges and prosecutors. Their families are also subject to investigation.

The plan, first introduced in 1996 under former President Kim Young-sam, is better interpreted as “creating the second prosecution,” as the body was to be granted the right to investigate, indict and request arrest warrants for suspects, the powerful rights only exercised by the prosecution.

The comprehensive prosecutorial reform plan, including sharing its right with the police and abolishing a corruption investigation unit under the Supreme Prosecutors’ Office, has repeatedly failed due to opposition from the prosecution.

Under the Roh Moo-hyun administration when conflict between the government and the prosecution was at its peak, former Prosecutor General Song Kwang-soo said “I would rather get beheaded” in opposition to Roh’s aggressive reform drive in 2004.

However, according to experts, the Moon administration is under great pressure to achieve the long overdue reform as he won the presidency following the public outcry against the massive corruption scandal that removed former President Park Geun-hye from office.

Yonsei University Law Professor Han Sang-hoon said setting up the body is the most realistic and viable plan to have the prosecution reined in through “checks and balances,” the key democratic principle.

Korea University Law Professor Jang Young-soo said the reform is the right path to take, but discussion is required to guarantee independence and political neutrality of the body before passing the bill.

Presidential Secretary for civil affairs Cho Kuk earlier said police corruption should be monitored by the prosecution and that of the prosecution by the independent body.