Minister of Justice Choo Mi-ae (left) and Prosecutor General Yoon Seok-yeol. [Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin] The controversy over the illegal travel ban imposed on former Deputy Minister of Justice Kim Hak-ui is reigniting the ‘Chu-Yoon conflict.’ Prosecutor General Yoon Seok-yeol has reassigned the case to the Suwon District Prosecutors’ Office and reinforced the investigative team, signaling a rigorous investigation, while Minister of Justice Chu Mi-ae has personally defended the decision, stating that ‘there was no problem.’
According to legal circles on the 18th, the Supreme Prosecutors’ Office and the Ministry of Justice hold completely opposing views on the legality of the emergency travel ban imposed on former Deputy Minister Kim in March 2019.
The Ministry of Justice and Minister Chu argue that since the Minister of Justice generally has the authority to impose travel bans, even if there were some procedural flaws during the emergency travel ban request made by Prosecutor Lee Gyu-won, who was dispatched to the Past Affairs Investigation Team at the time, it does not constitute a problem.
Minister Chu criticized Prosecutor General Yoon’s current investigation harshly over the weekend on Facebook, using strong language such as ‘behavior against prosecutorial reform’ and ‘typical theatrical investigation,’ emphasizing that the travel ban is the authority of the Minister of Justice.
Democratic Party lawmaker Kim Nam-guk criticized on the previous day, saying, “There is a strong suspicion that Prosecutor General Yoon Seok-yeol’s investigation is a smear campaign and retaliatory.”
On the other hand, People Power Party lawmaker Yoo Sang-beom immediately rebutted the explanations from Minister Chu and the Ministry of Justice, stating, “It is nothing but a futile struggle by the lawless Ministry of Justice trying to justify the illegal emergency travel ban by exploiting legal technicalities.” He pointed out that the issue is an emergency travel ban case, but the Ministry is blurring the focus by citing the general travel ban authority of the Minister of Justice.
Legal circles also generally hold the view that, even if there was a possibility of reinvestigation of former Deputy Minister Kim, at that time the Past Affairs Committee was still in the investigation stage to decide on reinvestigation, and no formal indictment had been made, so Kim was not even subject to a travel ban. Furthermore, it is a clear criminal act to have listed an already cleared case number or a fake investigation number on the emergency travel ban request or the subsequent approval request.
Public opinion is sharply divided along the lines of support for ‘Chu’ or ‘Yoon.’
Supporters of Minister Chu respond with comments such as, “So are you saying Kim Hak-ui should have been allowed to leave the country? Let’s investigate the prosecutors who covered for the criminal Kim Hak-ui and released him!”, “I want to ask if it’s right to let him go when he disguised himself with a hat and sunglasses at night to escape overseas ahead of the investigation,” “They are covering up the essence of Kim Hak-ui’s sexual bribery case and focusing on procedural or legal technicalities of the travel ban,” and “How can we trust those who protect their own even when they are clear criminals? Prosecutorial reform must be achieved.” These responses suggest that even if there were some procedural illegalities, the travel ban itself was unavoidable.
Conversely, citizens supporting Prosecutor General Yoon responded with comments such as, “Is the Minister of Justice an omnipotent authority? Didn’t you say that protecting the rights of suspects is what the public wants in prosecutorial reform? Are Cho Kuk, Jung Kyung-shim, Choi Kang-wook, and Yoon Mi-hyang to be protected, while Kim Hak-ui should be caught first? Is that the suspect rights protection and prosecutorial reform you talk about?”, and “Even if it is authority, it must not exceed legal boundaries; authority cannot be used to commit illegal acts.” There were also responses like, “Theatrical investigation? If you look at the footage from that time, the emergency travel ban and arrest were carried out so urgently that reporters were also present. Was that a drama-style investigation?”
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