Top prosecutor virtually disobeys President, likely to quit
By Kang Seung-woo
Prosecutor-General Moon Moo-il has openly criticized a fast-tracked bill on expanding the independent investigative authority of the police, describing it as "running counter to the democratic principles of checks and balances."
The prosecutor general's opposition to this is seen as representing the view of his subordinates, and indicates the prosecution's resistance to judiciary reform, one of President Moon Jae-in's election promises.
"As prosecutor-general, I am concerned about the ongoing discussions about our criminal justice system at the National Assembly," Moon Moo-il, who is on a four-country trip, said in a press statement released Wednesday.
His opposition was mainly aimed at the content of a specific reform measure, rather than the fast-tracking of this and two other bills.
"I cannot agree to giving a specific organization [the police] exclusive powers of unhampered preliminary investigative rights and intelligence gathering," Moon said.
He urged the National Assembly to hold discussions based on democratic principles to better protect the people's basic rights, implying the current discussion and fast-tracking was not based on democratic procedure.
Moon's remarks came after two National Assembly committees placed key reform bills on a fast track, early Tuesday, including one on expanding the police's authority to conduct investigations. If a bill is put on the fast track, it can be voted on within 330 days without the need for bipartisan support.
Under the current law, police can open investigations, but cannot close them without approval from the prosecution, which can also intervene and take over an investigation at any time. Police also cannot independently request court warrants, and only the prosecution can file indictments.
However, if the reform bill is passed, the police will have the right to investigate and terminate all cases independently of the prosecution.
The reform plan came amid criticism that prosecutors' investigative rights are too powerful, often leading to their abuse of power and corruption scandals.
Expectations are that Moon may also tender his resignation to protest the plan, although his two-year term ends July 24.
As his statement caused a stir, he decided to return home Saturday, and is expected to discuss with senior prosecutors measures to deal with the controversy he has caused.
In the wake of the prosecutor general's open opposition, the presidential office declined to make an official comment, although officials appeared to be angered.
"His criticism of the reform bill, under discussion at the National Assembly, is inappropriate," a Cheong Wa Dae official said, Thursday.
However, lawmakers denounced Moon calling his action a last-ditch effort by the prosecution to hold onto power.
"His thoughtless remarks show the reality of the prosecution refusing to give up its vested rights," minor Justice Party Chairwoman Rep. Lee Jeong-mi said Thursday.
"It is really an act forgetting democratic principles of checks and balances for a government official to oppose the Assembly's legitimate legislative procedures."
Rep. Hong Ihk-pyo, a spokesman of the ruling Democratic Party of Korea, also said the issue has been long discussed within the government, so it was not proper for him to comment on it.
"Moon had better check why the public has called for the readjustment of investigative powers between prosecutors and police," Hong said.
The police also struck back at the top prosecutor.
"The reform bill on investigative rights will assure the prosecution has neutral and objective control over police investigations," the National Police Agency said in a press release.
"Also, the prosecution could still intervene in police investigations at any time through search or arrest warrants, so it is not true that police will have major investigative rights."
By Kang Seung-woo
Prosecutor-General Moon Moo-il has openly criticized a fast-tracked bill on expanding the independent investigative authority of the police, describing it as "running counter to the democratic principles of checks and balances."
 |
| Prosecutor-General Moon Moo-il |
"As prosecutor-general, I am concerned about the ongoing discussions about our criminal justice system at the National Assembly," Moon Moo-il, who is on a four-country trip, said in a press statement released Wednesday.
His opposition was mainly aimed at the content of a specific reform measure, rather than the fast-tracking of this and two other bills.
"I cannot agree to giving a specific organization [the police] exclusive powers of unhampered preliminary investigative rights and intelligence gathering," Moon said.
He urged the National Assembly to hold discussions based on democratic principles to better protect the people's basic rights, implying the current discussion and fast-tracking was not based on democratic procedure.
Moon's remarks came after two National Assembly committees placed key reform bills on a fast track, early Tuesday, including one on expanding the police's authority to conduct investigations. If a bill is put on the fast track, it can be voted on within 330 days without the need for bipartisan support.
Under the current law, police can open investigations, but cannot close them without approval from the prosecution, which can also intervene and take over an investigation at any time. Police also cannot independently request court warrants, and only the prosecution can file indictments.
However, if the reform bill is passed, the police will have the right to investigate and terminate all cases independently of the prosecution.
The reform plan came amid criticism that prosecutors' investigative rights are too powerful, often leading to their abuse of power and corruption scandals.
As the bill will limit their influence, prosecutors have been expressing their discontent since it was first introduced. However, such an open expression of protest ― especially by the top prosecutor ― was the first of its kind, and may signal similar statements.
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Expectations are that Moon may also tender his resignation to protest the plan, although his two-year term ends July 24.
As his statement caused a stir, he decided to return home Saturday, and is expected to discuss with senior prosecutors measures to deal with the controversy he has caused.
In the wake of the prosecutor general's open opposition, the presidential office declined to make an official comment, although officials appeared to be angered.
"His criticism of the reform bill, under discussion at the National Assembly, is inappropriate," a Cheong Wa Dae official said, Thursday.
However, lawmakers denounced Moon calling his action a last-ditch effort by the prosecution to hold onto power.
"His thoughtless remarks show the reality of the prosecution refusing to give up its vested rights," minor Justice Party Chairwoman Rep. Lee Jeong-mi said Thursday.
"It is really an act forgetting democratic principles of checks and balances for a government official to oppose the Assembly's legitimate legislative procedures."
Rep. Hong Ihk-pyo, a spokesman of the ruling Democratic Party of Korea, also said the issue has been long discussed within the government, so it was not proper for him to comment on it.
"Moon had better check why the public has called for the readjustment of investigative powers between prosecutors and police," Hong said.
The police also struck back at the top prosecutor.
"The reform bill on investigative rights will assure the prosecution has neutral and objective control over police investigations," the National Police Agency said in a press release.
"Also, the prosecution could still intervene in police investigations at any time through search or arrest warrants, so it is not true that police will have major investigative rights."
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