[Fact Check] Is President Moon's Statement That the Minister Is the Final Supervisor of 'Prosecutorial Affairs' True?

Article 8 of the Prosecutors' Office Act, Basis for the Chief Supervisor of Prosecutorial Affairs... "The Functioning of Power Institutions Must Also Realize Democratic Principles"

[Asia Economy Reporter Ryu Jeong-min] “The Minister of Justice being the final supervisor of prosecutorial affairs is not something I said...” These were the words President Moon Jae-in conveyed during his New Year's press conference on the 14th. This implies that the statement does not reflect President Moon’s personal opinion.

President Moon explained, “It is stipulated in the Prosecutors' Office Act,” and added, “I was referring to that regulation.” As a lawyer, President Moon made it clear that his remarks were not politically motivated wording to support Minister of Justice Choo Mi-ae, but rather claims based on the provisions of the Prosecutors' Office Act.

Although a week has passed since President Moon’s New Year's press conference, controversy surrounding the prosecution personnel appointments has not subsided. Minister Choo plans to carry out a second round of personnel changes for mid-level prosecutors before the Lunar New Year holiday, on the 23rd. There are expectations that the conflict originating from the prosecution may flare up again.

[Image source=Yonhap News]

Prosecutors are also public officials. This means that the authority and status of prosecutors are defined by law. To get to the point, President Moon’s New Year's press conference remarks are based on the Prosecutors' Office Act.

Article 6 (Ranks of Prosecutors) of the Prosecutors' Office Act states, “The ranks of prosecutors are divided into Prosecutor General and prosecutors.” Article 7 (Command and Supervision over Prosecutorial Affairs) states, “Prosecutors shall follow the command and supervision of their superior officers regarding prosecutorial affairs.”

Prosecutors are to follow the command and supervision of their superiors concerning prosecutorial affairs, and the highest supervisor is also stipulated by law. Article 8 (Command and Supervision by the Minister of Justice) states, “The Minister of Justice is the highest supervisor of prosecutorial affairs and generally commands and supervises prosecutors, but only the Prosecutor General commands and supervises specific cases.”

President Moon used the term “final supervisor,” while the Prosecutors' Office Act uses “highest supervisor.” Although there is a difference in wording between “final” and “highest,” there is little difference in meaning, as it indicates that the Minister of Justice is the person with the highest authority and responsibility regarding prosecutorial affairs.

President Moon said, “Personnel appointments related to prosecutors are proposed by the Minister of Justice to the President, and the Minister of Justice is required to listen to the opinions of the Prosecutor General when making such proposals.”

This is also contained in the Prosecutors' Office Act. Article 34 (Appointment and Assignment of Prosecutors) states, “The appointment and assignment of prosecutors shall be made by the President upon the proposal of the Minister of Justice. In this case, the Minister of Justice shall propose the assignment of prosecutors after hearing the opinions of the Prosecutor General.”

Minister of Justice Choo Mi-ae is arriving at the Ministry of Justice in the Government Complex Gwacheon, Gyeonggi Province, on the 8th, when the Prosecutor Personnel Committee is scheduled to take place. Photo by Kim Hyun-min kimhyun81@

President Moon’s assertion implies that legal regulations should be followed in prosecutorial personnel appointments. He said, “In the past, when the Prosecutor General and the Minister of Justice were senior and junior colleagues within the prosecution, they might have exchanged opinions comfortably or sometimes behind closed doors. But now, as times have changed, even if the content is not disclosed, the procedures such as the Prosecutor General’s personnel recommendations and the Minister of Justice’s proposals should be conducted transparently.”

Ahead of Minister Choo’s second round of prosecutorial personnel changes, President Moon once again emphasized the principle. The Minister of Justice should fulfill the role of minister, the Prosecutor General should fulfill the role of general, and prosecutors should fulfill their roles faithfully, correcting past improper practices.

In this regard, President Moon left this message during the second Cabinet meeting of the year held at the Government Complex Sejong on the 21st.

“Reforming power institutions is not about pursuing some special ideal. In a democratic republic, the owners of power institutions are the people, and it is only natural that the principles of democracy be realized in the operation of power institutions.”

This content was produced with the assistance of AI translation services.