Separate Investigation Team Established at Seoul Southern District Prosecutors' Office
Special Investigation Headquarters Set Up at Other Prosecutors' Offices
Request for Appointment of Special Prosecutor and Designation of Special Prosecutor
Prosecutors Express Discontent, Saying "Minister Intends to Directly Intervene in Investigation"...
[Asia Economy Reporter Choi Seok-jin] Justice Minister Choo Mi-ae has announced that she will review the 'investigative authority and method' regarding the Lime Asset Management case, drawing attention to Prosecutor General Yoon Seok-yeol's response to forthcoming measures.
According to legal circles on the 19th, the options Minister Choo can consider include four main choices through exercising her investigative directive authority: ▲establishing a separate investigation team within the Seoul Southern District Prosecutors' Office ▲setting up a special investigation headquarters at another prosecutor's office ▲appointing a special prosecutor ▲and requesting the appointment of a special prosecutor.
However, since the special prosecutor option has been primarily advocated by opposition parties, it seems unlikely that Minister Choo will forcefully proceed with handing over the entire investigation of the 'ruling and opposition party lobbying allegations' to a special prosecutor, given the burden involved.
Instead, there is a method to separate and investigate only the lobbying allegations against opposition politicians and prosecutors, which were exposed by former Star Mobility Chairman Kim Bong-hyun (46, detained and indicted) through a prison statement, by another department within the Seoul Southern District Prosecutors' Office currently investigating the Lime-related case.
Park Soon-chul, the head of the Southern District Prosecutors' Office, is considered part of the Choo Mi-ae faction, having been promoted after prosecuting Prosecutor General Yoon's mother-in-law during his tenure as head of the Uijeongbu Prosecutors' Office. Additionally, his first and second deputy prosecutors are prosecutors promoted and appointed by Minister Choo in August, making this a highly likely option.
Minister Choo could also consider establishing a special investigation headquarters led by the Seoul High Prosecutors' Office chief or another senior prosecutor. As part of prosecutorial reform measures, she has proposed dispersing the Prosecutor General's investigative directive authority and distributing it among the high prosecutors' office chiefs.
The final option is to entrust the investigation to a special prosecutor. The authority to appoint a special prosecutor lies with the Prosecutor General, but the head of the Supreme Prosecutors' Office Inspection Department or the Inspection Committee can request the Prosecutor General to appoint a special prosecutor, and the Minister can also instruct the Prosecutor General to appoint a special prosecutor for a specific case through investigative directives.
According to related guidelines, a special prosecutor is to report only the investigation results to the Prosecutor General without receiving supervision or command from the Prosecutor General or other superiors. This can eliminate the Prosecutor General's involvement in the investigation without separate investigative directives, but there is a limitation in that the investigation target is restricted to 'criminal suspicions of prosecutors.'
Since 2010, when the 'Grander Prosecutor' allegations surfaced, four special prosecutors have been appointed, starting with then Prosecutor General Kim Jun-gyu appointing 'specialist' prosecutor Kang Chan-woo, who was a senior researcher at the Supreme Prosecutors' Office, as a special prosecutor.
A Ministry of Justice official said, "There are various options, but currently, there is concern about whether it is appropriate for the current investigation team at the Southern District Prosecutors' Office to continue investigating the related emerging allegations, and we are reviewing what to do. Although no specific new measures have been decided yet, internal discussions are expected."
If Minister Choo instructs the establishment of a separate investigation team, a special investigation headquarters, or the appointment of a special prosecutor, it seems there is no ground for Prosecutor General Yoon to refuse. While Prosecutor General Yoon may exert influence by consulting with the Ministry of Justice on the selection of dispatched prosecutors during the formation of a separate investigation team, Minister Choo could also block this through investigative directives.
Meanwhile, shortly after taking office in January, Minister Choo added Article 21 (Restriction on Establishment of Temporary Organizations for Investigation) to the 'Regulations on the Organization of Prosecutors' Offices,' requiring the Minister of Justice's approval for establishing temporary organizations for investigations beyond those stipulated in other laws.
Also, according to related guidelines implemented since the end of last year, approval for acting prosecutor duties exceeding three months must undergo review by the Prosecutor Dispatch Review Committee established within the Ministry of Justice.
Within the prosecution, there are complaints about Minister Choo's statement to 'consider changing the investigative authority' just three days after former Chairman Kim's revelations and a brief internal inspection, raising suspicions against Prosecutor General Yoon.
A current senior prosecutor, identified as A, expressed dissatisfaction, saying, "Following the recent 'media collusion' case, it seems the Minister intends to directly intervene in the investigation."
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