Criticism Pours Out Against "Geomgwonminsuseol" Giving the Feeling of the Divine Right of Kings Theory
Former Minister of Justice Cho Kuk is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on the afternoon of the 20th. / Photo by Yonhap News
[Asia Economy Reporter Lim Juhyung] Former Minister of Justice Cho Kuk strongly criticized Prosecutor General Yoon Seok-yeol's remark on the "People's Prosecution" as an "anti-constitutional logic." Although it may seem positive at first glance, it is pointed out that it is closer to a claim that the prosecution will not be subject to the control of elected powers such as the president.
On the 20th, Cho wrote on his Facebook, "The hidden meaning and danger of Prosecutor General Yoon Seok-yeol's emphasized 'People's Prosecution Theory,'" defining it as "The essence of the 'People's Prosecution Theory' is that the prosecution has been directly authorized by the people, so it will be directly responsible only to the people."
The 'People's Prosecution Theory' was previously mentioned by Prosecutor General Yoon during a lecture to newly appointed deputy prosecutors at the Judicial Research and Training Institute in Jincheon-gun, Chungbuk, on the 9th. At that time, Yoon emphasized, "Prosecution reform means becoming a fair prosecution and a people's prosecution," adding, "A fair prosecution guarantees fair opportunities between parties in criminal justice procedures, and a people's prosecution means always keeping in mind that the people are the owners of the prosecution."
In response, former Minister Cho pointed out, "Although the prosecution is formally part of the executive branch under the president, there is an implication that it should not or does not need to be controlled by the president or the Minister of Justice," calling it "a theory of prosecution sovereignty by the people that gives a feeling of the divine right of kings."
Prosecutor General Yoon Seok-yeol is arriving at the Supreme Prosecutors' Office in Seocho-gu, Seoul, on the morning of the 19th. / Photo by Yonhap News
Former Minister Cho criticized the 'People's Prosecution Theory' as an "extremely dangerous anti-constitutional logic." He stated, "In the constitutional system of the Republic of Korea, only elected officials such as the president and members of the National Assembly receive authority directly from the people," adding, "The Prosecutor General is appointed by the president upon the recommendation of the Minister of Justice. The Prosecutor General must be accountable to the president and the Minister of Justice before being accountable to the people."
He further emphasized, "Abuse of the prosecution's investigative and prosecutorial powers must be controlled by the president, the Minister of Justice, and the National Assembly," and "Control of the prosecution by constitutional institutions with democratic legitimacy is essential. What we need is not a prosecution republic but a republic's prosecution."
Cho's criticism came amid a standoff where the Ministry of Justice's face-to-face inspection of Prosecutor General Yoon failed due to the prosecution's non-cooperation.
Minister of Justice Choo Mi-ae attended the plenary session held at the National Assembly in Yeouido, Seoul on the 19th. / Photo by Yonhap News
The Ministry of Justice's Inspection Office announced that on the afternoon of the 19th, they attempted to conduct a face-to-face investigation of Prosecutor General Yoon at the Supreme Prosecutors' Office in Seocho-gu, Seoul, but it was canceled due to the prosecution's refusal to cooperate.
However, the Ministry of Justice added, "There can be no sanctuary regardless of status or rank in investigations or disciplinary inspections," and "The Ministry of Justice will continue to proceed with procedures according to law and principles." This is interpreted as an intention to reschedule the visit investigation.
Previously, Minister Choo had ordered five investigations and fact-finding inquiries related to Prosecutor General Yoon, including allegations of concealing and failing to report lobbying by prosecutors and opposition politicians in connection with the Lime Asset Management fund fraud case.
Accordingly, on the 16th, the Ministry of Justice's Inspection Office conveyed to Prosecutor General Yoon's secretary that "an investigation into the fact-finding case is necessary, so please let us know your preferred schedule, and we will visit at any time," but reportedly received no response from the prosecution.
Subsequently, on the 17th, the Ministry of Justice notified the prosecution that "a visit investigation will be conducted at 2 p.m. on the 19th," and sent two ordinary prosecutors to deliver the visit investigation notice, but it was canceled due to the prosecution's opposition.
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