Low Possibility of Withdrawing Existing Investigation Orders Even if Prosecutor General Yoon Requests Re-Command
Ignoring Chief Prosecutors' Opinions and Refusing Orders Both Difficult... After Statement, Backlash Inevitable
Minister of Justice Choo Mi-ae (left) and Prosecutor General Yoon Seok-youl, who are in conflict over the investigation supervision of the 'prosecutor-media collusion' case [Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin] Regarding Prosecutor General Yoon Seok-yeol sending a summary of the 'Prosecutor General Meeting' results to the Ministry of Justice instead of stating his position on the Ministry's investigation directive, the Ministry of Justice dismissed it, saying, "We do not attach much significance to the content." At the same time, they reiterated their call for Yoon's decision, saying, "The Prosecutor General should respond quickly."
Regarding the speculation that Prosecutor General Yoon is likely to use the 're-instruction proposal' card that came out of the Prosecutor General Meeting, the Ministry of Justice also implied that "(even if a re-instruction request is made) Minister Choo Mi-ae will not reconsider the directive."
According to the Ministry of Justice and the prosecution on the 7th, the Supreme Prosecutors' Office summarized the results of the Prosecutor General Meeting held the previous day at the Ministry of Justice's request, reported it to Prosecutor General Yoon, and then submitted it to the Ministry of Justice. Afterwards, it was also disclosed to the media.
Regarding the background of requesting the meeting content, a Ministry of Justice official said, "It was to verify whether the actual meeting content matches what was reported in the media." However, they stated, "We (the Ministry of Justice) do not attach any particular significance to the discussions that came out of the Prosecutor General Meeting."
The document titled 'Summary of Prosecutor General Meeting Remarks' distributed by the Supreme Prosecutors' Office to the media included three points described as the majority or common opinions of the Prosecutor Generals: ▲ to suspend the procedure of the Professional Investigation Advisory Group and introduce an independent special prosecutor ▲ the exclusion of the Prosecutor General's command and supervision is illegal or improper ▲ the matter is not related to the Prosecutor General's position.
Regarding whether the summary distributed to the media by the Supreme Prosecutors' Office and the version submitted to the Ministry of Justice are identical, the Ministry of Justice said, "We cannot confirm." Furthermore, concerning the prospect that "Prosecutor General Yoon will request re-instruction," they said, "We cannot respond to claims that are not the Prosecutor General's position," and added, "We hope the Prosecutor General will respond promptly."
Inside and outside the prosecution, there is an analysis that if Prosecutor General Yoon immediately requests re-instruction from Minister Choo, the fact that "the Prosecutor General refused the Minister's directive" will be highlighted rather than the essence of the matter such as "why the investigation directive is improper" or "why re-instruction is necessary," which could be perceived as insubordination.
This is also interpreted as the reason why Prosecutor General Yoon appears to be stalling by not expressing his position for five days after Minister Choo's investigation directive and four days after the Prosecutor General Meeting.
Considering that Minister Choo stated before the Prosecutor General Meeting that "replacing the investigation team or appointing a special prosecutor goes against the Minister's directive," the possibility of Minister Choo withdrawing the existing investigation directive even if Prosecutor General Yoon requests re-instruction is low.
Prosecutor General Yoon also seems unlikely to simply follow Minister Choo's directive, ignoring the unanimous voice of the Prosecutor Generals that "the removal of the Prosecutor General's command and supervision authority undermines the essence of the prosecution."
Therefore, if the Ministry of Justice initiates an inspection for 'non-compliance with orders' after Prosecutor General Yoon's statement, it is widely expected that the conflict between the Ministry of Justice and the prosecution will reach its peak due to strong internal opposition within the prosecution.
Some speculate that Prosecutor General Yoon has no choice but to file an inter-agency dispute adjudication petition with the Constitutional Court, which was a minority opinion at the Prosecutor General Meeting, to seek a judicial ruling.
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