Top prosecutor proposes alternative bill for prosecutorial reform

Prosecutor-General Kim Oh-soo delivers his opinion against the Democratic Party of Korea's push to pass a prosecutorial reform bill to separate the prosecution's investigative and prosecutorial powers, during a meeting of the National Assembly Legislation and Judiciary Committee, at the Assembly on Seoul's Yeouido, Tuesday. Joint Press Corps

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By Jung Da-min

Prosecutor-General Kim Oh-soo has proposed an alternative bill designed to ensure the political neutrality of the prosecution, to prevent the ruling Democratic Party of Korea (DPK) from pushing its own reform bill aimed at separating the prosecution's powers to lead investigations and indict suspects.

“Other than completely stripping the prosecution of its investigative authority, there is another way that can ensure the fairness of the prosecution when carrying out investigations and we can consider establishing a special law at the National Assembly,” Kim told reporters at the Supreme Prosecutors' Office in Seoul's Seocho District, Tuesday.

Kim said the National Assembly could obligate the prosecutor general, senior prosecutors leading the high prosecutors' offices as well as district and branch prosecutors' offices to attend closed-door meetings of the Assembly when there are issues related to the prosecution's fairness during its investigation of crime cases. Kim also said the National Assembly already has the right to impeach senior prosecutors, which could be used to prevent potential abuses of power by prosecutors.

Back in 2019 when he was involved in the prosecutorial reform plan, Kim said he and other members had to find ways to strike a balance while performing the prosecution's roles of leading and overseeing investigations conducted by other law enforcement agencies.

“A key issue when reforming the prosecution in 2019 was how to balance the authority to command investigations with the right to investigate,” he said. “If it is necessary, we can discuss the possibility of the prosecution maintaining the right to investigate and removing its authority to command investigations.”

But the Supreme Prosecutors' Office issued a separate statement saying it is not reviewing such an option of readjusting the prosecution's right to oversee investigations and it investigative rights.

Later on Tuesday, Kim attended a meeting of the National Assembly's Legislation and Judiciary Committee, to deliver his opinion against the DPK's push to pass a reform bill aimed at separating the prosecution's investigative and indictment powers.

“It would only cause wounds to fester if the prosecution's investigative authority is completely abolished when it has only been about a year since the prosecution's investigative and prosecutorial powers have been redistributed to the prosecution and the police,” Kim said during the Assembly's judiciary committee meeting. “It is time for all the relevant organizations, including the court, the prosecution, the police and the legal circle to work together to make all-out efforts to stabilize the current system, even though our ultimate plan is to carry out the reform of the prosecution.”

Kim was referring to last year's introduction of a new investigation system, under which the prosecution and the police have the right to investigate different cases, as well as the establishment of the Corruption Investigation Office for High-ranking Officials (CIOHO), which is in charge of conducting probes into allegations involving high-ranking officials and their family members.

In the current system, the prosecution has the power to investigate crimes in six categories ― corruption, the economy, public officials, elections, defense industry projects and major catastrophes ― while the police are in charge of investigating other crimes.

The Supreme Prosecutors' Office in Seoul's Seocho District, Monday. Yonhap

The top prosecutor's remarks came a day after he met with President Moon Jae-in at Cheong Wa Dae, Monday. Earlier on Sunday, Kim had tendered his resignation in protest of the DPK's push to pass its prosecutorial reform bill. But Moon rejected Kim's resignation, on the basis that Kim is not responsible for the current situation of intensifying conflict over the matter of prosecutorial reform and so he should finish his term.

The matter of separating the prosecution's investigative and prosecutorial powers has long been discussed since the former Kim Young-sam government (1993-1998) but political conflicts between the nation's conservative and liberal blocs have reached a fever pitch in recent weeks, with the DPK pushing for the passage of its prosecutorial reform bill in the National Assembly this month.

Yoon's transition committee and the main opposition conservative People Power Party (PPP) have voiced their opposition to the DPK's reform bill, saying that the DPK's move only interrupts the next president's plans, while not helping ordinary people's livelihoods.

“As relevant issues are currently being hotly debated at the National Assembly, President-elect Yoon is also watching the situation ahead of his administration taking power,” Yoon's spokeswoman, Rep. Bae Hyun-jin of the PPP, said during a press briefing at the transition committee's headquarters in central Seoul, Tuesday, when asked about the matter.

Later on Tuesday, the state affairs, judiciary and administrative division under Yoon's transition committee issued a statement expressing concerns over the DPK's prosecutorial reform bill, mainly aimed at depriving the prosecution of its right to directly investigate crime cases so that the police or a third agency can take over that responsibility. The transition committee's judiciary division called the bill unconstitutional as it could cause damage to ordinary people.

“Specifically, the transition committee is keeping a close eye on the fact that the National Court Administration has expressed concerns, while pointing out that there is no other way to correct possible negligence or passiveness in investigation by the judicial police or to prevent possible human rights violations and that the judiciary department might not be able to respond quickly and appropriately to crimes,” read a statement by the transition committee's judiciary division.

The transition committee's judiciary division also called the DPK's move to railroad the reform bill as a “legislative coup aimed at interrupting the new president's national administration," according to the statement.

Senior prosecutors, including Kim, the top prosecutor, are making all-out efforts to stop the DPK's push for the passage of its prosecutorial reform bill. After senior prosecutors leading high prosecutors' offices held an emergency meeting for over six hours, Sunday, other meetings of prosecutors are slate to take place this week, including a meeting of junior prosecutors on Tuesday evening.

Aside from the prosecution's protest to protect its authority to investigate, the recently escalating tensions between the nation's conservative and liberal blocs over the matter of prosecutorial reform are also being seen as indirect conflicts between the outgoing and incoming powers, or the current and next administrations.

Yoon, who had served as a prosecutor-general under the Moon government from July 2019 to March 2021, when he resigned from the post to move forward with his presidential bid, has openly opposed the DPK's prosecutorial reforms, often making headlines for clashing with DPK members, including former Justice Minister Choo Mi-ae.

Yoon's nomination of one of his closest aides, senior prosecutor Han Dong-hoon, as justice minister is similarly embroiled in a heated controversy, as critics expressed concerns that Yoon naming one of his closest aides from the prosecution to a major judiciary position would hurt the separation of powers between the presidential office and the prosecution.