Choo Mi-ae: "Minister is the superior of the Prosecutor General... Should step down if investigation is unfair" (Comprehensive)

"The president, who should maintain political neutrality, has crossed the line"... Inspection of the president also announced

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] Justice Minister Choo Mi-ae firmly stated, "The minister is the superior of the Prosecutor General." This was a rebuttal to Prosecutor General Yoon Seok-yeol's earlier remark that "the Prosecutor General is not a subordinate of the minister." In particular, Minister Choo criticized Yoon's politically related comments made during the previous Supreme Prosecutors' Office audit, saying, "As the Prosecutor General who must maintain political neutrality, he crossed the line with his remarks."

On the 26th, attending the National Assembly's Legislation and Judiciary Committee's audit of the Ministry of Justice, Minister Choo responded point by point to various questions raised that day. Regarding the relationship between the Prosecutor General and the minister, which had attracted attention even before the audit began, she cited the Prosecutors' Office Act and the Government Organization Act as the basis. Article 8 of the Prosecutors' Office Act states that "The Minister of Justice is the highest supervisor of prosecutorial affairs, generally directing and supervising prosecutors, and specifically directing and supervising only the Prosecutor General regarding particular cases." Article 32 of the Government Organization Act also stipulates that "To oversee matters concerning prosecutors, the Prosecutors' Office is established under the Ministry of Justice." Minister Choo added, "The word 'subordinate' feels unfamiliar."

Regarding Prosecutor General Yoon's politically related remarks, she pointed out that they were "quite imprudent statements." Previously, during the Supreme Prosecutors' Office audit, when People Power Party lawmaker Kim Do-eup asked, "Does politics enter into the (service) method?" Yoon avoided a direct answer, saying, "It is difficult to comment on that."

In response, Minister Choo said from the morning session, "As the Prosecutor General who must maintain political neutrality, he crossed the line with his remarks," adding, "I feel very sorry and embarrassed." She further criticized, "As the head who should lead the prosecution impartially, even if he were to engage in politics tomorrow, at this position he should have said, 'I have no intention of engaging in politics at all.'"

Regarding the controversial exercise of investigative directive authority by Minister Choo, she emphasized, "As the Minister of Justice, it was naturally necessary according to legal procedures." Earlier, Prosecutor General Yoon had mentioned the illegality of Minister Choo's directive, saying, "I believe it is certainly illegal in terms of grounds and purpose." On the 19th, Minister Choo exercised her investigative directive authority for the third time in history, ordering Yoon to halt investigations into five cases, including the Lime suspicions.

In particular, Minister Choo said about Yoon, who claimed that the exercise of investigative directive authority was illegal and unjust, "It is contradictory and delusional to say that while holding that position," and added, "If he wants to say such things, he should resign." She said, "Accepting the investigative directive within 30 minutes and then denying it publicly is a discrepancy between words and actions," and "It is a great contradiction and delusion, and improper to say that while holding the position of the head of the prosecution." She added, "I think he should resign and say that he will protect the prosecution organization."

After finishing her rebuttal to Prosecutor General Yoon's remarks during the previous Supreme Prosecutors' Office audit, Minister Choo also revealed a new disciplinary card targeting Yoon. Regarding Yoon's meeting with media company owners such as those from Chosun Ilbo, she said, "There is a possibility of violating the Prosecutors' Ethics Code," and added, "An investigation is underway, and I will report the results once they come out."

She also announced an investigation into Yoon, who had previously issued a non-indictment decision on the Optimus case requested by the Korea Communications and Broadcasting Promotion Agency. In response to a question from Democratic Party lawmaker Kim Jong-min, "Did the Seoul Central District Prosecutors' Office, where Yoon was head at the time, fail to properly investigate?" Minister Choo explained, "We will review the disciplinary investigation regarding the Optimus non-indictment decision."

Previously, in October 2018, the Korea Communications and Broadcasting Promotion Agency submitted a request for investigation to the Seoul Central District Prosecutors' Office, stating, "There is a strong possibility that the state's public funds were used as tools for illegal activities." At that time, Yoon was the head of the Seoul Central District Prosecutors' Office, and the ruling party is currently questioning Yoon's handling of the investigation. Minister Choo also pointed out, "The Optimus case was almost buried by the prosecution but was saved by ordinary citizens filing complaints and accusations," and criticized, "If the Prosecutor General responded as if 'Since it was handled by the Southern District Prosecutors' Office, what's the problem?' that would be a serious mistake."

Regarding Prosecutor General Yoon's statement that President Moon Jae-in conveyed a message to "serve out the term," Minister Choo also criticized, "(The President) is not the type to bypass formal reporting lines and deliver messages through unofficial channels," adding, "As a senior public official, it was highly inappropriate to make unconfirmed remarks at this position."