Park defies rule of checks and balances

By Na Jeong-ju

Ahn Chang-ho

Constitutional Court justice Ahn Chang-ho is touching off controversy as he is seen as one of the candidates favored by President-elect Park Geun-hye for the next prosecutor general.

Ahn comes in the middle of a row over the qualifications of former Constitutional Court President Kim Yong-joon as Park’s first prime minister nominee.

Critics say Ahn is unsuitable for the post because he is a judge ― a possible violation of the Constitution which upholds the separation of power among the three arms of government. The prosecutor general is named by the President and is supervised by the justice minister.

“If Ahn is appointed as the top prosecutor, that could undermine the political neutrality and independence of the Constitutional Court,” said Chung Jong-sup, a law professor from Seoul National University. “It is common sense in a democratic society that judges should be independent from the President.”

Such concerns were raised following media reports that Ahn, a 56-year-old former prosecutor, gave his consent to a Ministry of Justice request for qualification screening. The move triggered speculation that Park favors Ahn as the first prosecutor general under her administration. She will be sworn in on Feb. 25.

The main opposition Democratic United Party (DUP) has questioned whether Kim, who spent most of his career as a judge for over 40 years until he finished his term at the Constitutional Court in 2000, is qualified for the job.

Ahn is known to have maintained a close relationship with the prime minister nominee.

He worked at the Constitutional Court in 1998 as an advisor to justices when Kim was heading the court on a staff exchange program between the court and the prosecution.

From 2005 to 2010, Kim served as the head of an advisory group for prosecutors dealing with public security affairs at the Supreme Prosecutors’ Office. He headed the public security department when Kim started the job.

Some judges say Kim and Ahn can determine their future as individuals, but others say it is inappropriate for judges to take up administrative posts serving the President.

“We need to think about the status and authority of the Constitutional Court. In a worst-case scenario, the court may rule on an impeachment motion against the President as happened years ago under the Roh Moo-hyun administration,” said Lee Sang-don, a law professor from Chung-Ang University.

“If judges opt to work in administrative posts, it will shake the status of the court and affect relations between it and the administration.”

The DUP issued a statement Monday to urge Ahn to drop any bid to become the prosecutor general.

“Regardless of whether the rumors that Ahn is Park’s pick for the top prosecutor are true or not, his consent to the qualification check shows he has the ambition and is ready to accept the proposal,” the party said. “His behavior deserves public criticism and is a shame on the judiciary.”