Acting prosecutor general departs without addressing controversial appeal withdrawal

Acting Prosecutor General Noh Man-seok leaves the Supreme Prosecutors Office in southern Seoul following his retirement ceremony, Friday. Yonhap

Acting Prosecutor General Noh Man-seok gave no explanation for the prosecution's controversial decision not to appeal a land development corruption case linked to President Lee Jae Myung as he departed the prosecution Friday.

Noh spoke at his retirement ceremony at the Supreme Prosecutors Office, two days after he offered to resign amid fierce internal backlash over his role in dropping the appeal, which critics allege was a result of government interference.

Though there were expectations Noh would address the controversy in his retirement speech, he did not offer any details, except to suggest there was a lack of communication with the team of prosecutors handling the case.

"I accept heavily the fact that I was unable to decide and communicate more convincingly regarding the grave significance of investigating and maintaining prosecutions in a way that everyone could understand," Noh said.

Noh reportedly instructed the prosecution to withdraw an appeal against the corruption case's first-trial verdict with minutes to go until last Friday's deadline.

The instruction allegedly came at the orders of the justice ministry, prompting widespread protest with the prosecution and a resignation offer from Jung Jin-woo, head of the Seoul Central District Prosecutors Office.

The corruption case centers on allegations that a small number of unheard-of private asset management companies, including Hwacheon Daeyu, were allowed to reap astronomical investment profits from a real estate development project in Seongnam's Daejang-dong district in 2015, when Lee was the city's mayor.

Lee stood trial on charges of inflicting losses to Seongnam Development Corp., which was in charge of the project, before a court indefinitely postponed his trial following his presidential election victory in June.

In a separate trial, however, a district court sentenced Yoo Dong-gyu, former acting president of Seongnam Development Corp., and Kim Man-bae, a major shareholder of Hwacheon Daeyu, to eight-year prison terms each on charges of breach of duty on Oct. 31.

Three other suspects were sentenced to prison terms ranging from four to six years.

An appeal from the prosecution had been considered standard practice, especially as the court had acquitted the suspects of charges of violating the Act on the Aggravated Punishment of Specific Economic Crimes, which carries a harsher sentence of up to life imprisonment.

Noh said in his speech that it is unfortunate the protests of rank and file prosecutors have been cast by some as insubordination or collective action.

He was apparently referring to recent calls from Justice Minister Jung Sung-ho and ruling Democratic Party leaders to take legislative and other action to discipline and punish prosecutors.

"As I am stepping down voluntarily out of consideration for the prosecution's future, I earnestly plead with you to stop discussions of disciplinary action," he said.