Ministry of Justice: "Im Eun-jeong Granted Investigation Authority... No Need for Prosecutor General's Order"

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] Regarding the granting of investigative authority to Im Eun-jeong, the Inspection Policy Research Officer at the Supreme Prosecutors' Office, in the mid-level prosecutor personnel reshuffle, the Ministry of Justice stated that "the investigative authority was granted based on the presidential personnel appointment under the Prosecutors' Office Act."

On the 2nd, the Ministry of Justice responded to the legal interpretation request made by the Supreme Prosecutors' Office on the 25th of last month, saying, "The granting of investigative authority does not require a separate directive from the Prosecutor General." Earlier, the Supreme Prosecutors' Office raised objections when the Ministry of Justice appointed Deputy Chief Prosecutor Im concurrently to the Seoul Central District Prosecutors' Office and granted investigative authority, sending an official letter asking for the legal basis of this personnel appointment.

In its reply, the Ministry of Justice explained, "According to Article 15 of the Prosecutors' Office Act, a research officer in the prosecution is regarded as a prosecutor and may concurrently serve as a prosecutor at a high prosecutor's office or district prosecutor's office, performing planning, investigation, and research related to prosecutorial affairs." It added, "On September 10, 2020, the Ministry of Justice appointed Prosecutor Im as a research officer (Inspection Policy Research Officer) at the Supreme Prosecutors' Office, assigning her to handle 'matters instructed by the head of the Inspection Department.'"

The Ministry of Justice pointed out, "Unlike other research officers responsible for misconduct inspection duties, the Supreme Prosecutors' Office had not issued a work order assigning Prosecutor Im as a deputy prosecutor with investigative authority at a frontline office. As a result, although Prosecutor Im has been performing inspection-related duties under the direction of the head of the Inspection Department, there were limitations in her authority to uncover criminal suspicions related to misconduct and respond strictly."

It further explained, "Therefore, from the perspective of strengthening inspection functions, the Ministry of Justice granted investigative authority related to the inspection duties handled by Prosecutor Im by issuing a concurrent appointment order as a prosecutor specified in the Prosecutors' Office Act."

Some speculate that Prosecutor Im might ultimately handle the 'Han Myeong-sook case' through her investigative authority. The statute of limitations for the perjury coaching allegations against the investigation team during the illegal political funds case involving former Prime Minister Han Myeong-sook expires on the 22nd, and the Supreme Prosecutors' Office Inspection Department is currently in charge of the matter.