Outside committee to review prosecutorial discretion

Mun Moo-il

Mun seeks upper hand amid pressure to reform prosecution

By Lee Kyung-min

Prosecutor General Mun Moo-il said Tuesday that he will set up an outside committee to have it review whether the prosecution is abusing its right to investigate and indict, a move that comes amid growing pressure to hand over some of its investigative rights to police.

Mun unveiled a set of reform measures to increase neutrality and transparency, and thereby regain the “lost” public trust.

The timing suggests he is seeking to lead the national debate in which the public has increasingly demanded the highest, most powerful investigative body that has been granted “free rein” thus far be drastically reformed.

“The public trust in the prosecution has been plummeting as many doubt whether it indicts _ or refuses to indict _ with political motivation,” Mun said.

“The prosecution will listen to the opinion of the outside committee and will reflect its concerns and recommendations accordingly.”

The committee, comprised of outside members with expertise in related fields, will review cases involving high-ranking public officials and politicians. Other cases that greatly concern the public interests will also be reviewed.

While a similar committee, comprised of prosecutors and private citizens, was set up in 2010, it ended up following only the prosecutors’ recommendations. It drew criticism over its efficacy as it only helped the prosecution legitimize its actions.

The prosecution will increase the scope of its investigation records subject to public disclosure. This measure reflects criticism that it rarely discloses such records citing a related law which allows the prosecution to do so according to its internal protocol. In the many cases it did offer records the disclosed material had many important parts redacted.

A team and a special committee will be set up within the prosecution to facilitate the internal reform.

The team will attend meetings to discuss matters concerning setting up an independent investigative body which will be able to investigate corruption allegations against high ranking public officials.

The team will also discuss whether to hand over investigative rights to police and come up with alternative solutions.

The special committee will review and determine whether to approve the team’s measures.

Meanwhile, Mun apologized for past cases, in which the prosecution was criticized for abusing its overarching discretion. Most of those prosecuted in the cases were initially sentenced to prison terms, but some of them were later cleared of the original charges or had their sentences reduced.

The first ever apology over the symbolic cases of “past misdeeds of the prosecution” indicates his determination to take the initiative in leading the long-stalled prosecutorial reform by acknowledging its past wrongdoings.

The apology also reflects President Moon Jae-in’s drive to reform the prosecution. In his book, “Thoughts on the prosecution,” Moon said unlike the courts and police, the prosecution had yet to offer any apology over its past misdeeds.