Yoon: "Destruction of Constitutional Spirit and Rule of Law System"... "Will Devote Efforts to Protect the People"
[Asia Economy Reporter Baek Kyunghwan] Prosecutor General Yoon Seok-yeol has finally resigned. Starting with the investigation of former Minister of Justice Cho Kuk, he withstood not only the ruling party's offensives but also the disciplinary actions from former Minister of Justice Choo Mi-ae, yet ultimately stepped down amid the movement to establish the 'Serious Crime Investigation Office.' Appointed as the head of the Seoul Central District Prosecutors' Office at the start of the Moon Jae-in administration, Yoon investigated the state affairs manipulation and judicial manipulation cases. He was inaugurated as Prosecutor General in July 2019 but resigned with just over four months left in his term.
On the 4th, Yoon announced his resignation statement, saying, "The constitutional spirit and the rule of law system that have sustained this country are being destroyed," and "The damage will inevitably fall on the people."
◆ Yoon: "Establishing the Serious Crime Investigation Office is the dismantling of the prosecution" = The main reason behind Yoon's decision to resign is the ruling party's push to establish the Serious Crime Investigation Office. The bill to establish the office, targeted for passage in the first half of this year, aims to strip the prosecution of its direct investigative authority. It proposes transferring investigative authority over six major serious crimes?corruption, economic crimes, public officials, elections, defense projects, and large-scale disasters?from the prosecution to the Serious Crime Investigation Office, leaving the prosecution only with prosecution and maintenance of public prosecution.
The problem is that, due to the adjustment of investigative authority between the police and prosecution, investigative authority over all cases except the six major serious crimes has already been transferred to the police. Considering that the Corruption Investigation Office for High-ranking Officials (CIO) handles crimes involving the president and high-ranking officials of grade 3 or above, the prosecution's investigative authority is effectively being completely abolished.
This is why Yoon risked his position opposing the establishment of the Serious Crime Investigation Office. In an interview with a media outlet on the 2nd, Yoon criticized the ruling party's legislative push for the office as "a de facto 'dismantling of the prosecution,' an annihilation of the rule of law, and a destruction of the constitutional spirit."
He particularly pointed out, "If investigation and prosecution are separated, it will be impossible to firmly respond to the misconduct of socially powerful and vested interests," and "The realization of justice through law enforcement ultimately means bringing a case to trial and obtaining a judicial verdict, and investigation, prosecution, and maintenance of public prosecution cannot be separated."
On the same day, the prosecution provided additional explanations regarding Yoon's interview. A prosecution official explained, "Serious crimes are very complex, specialized, and involve large-scale cases. If investigation and prosecution are separated, it will be difficult to properly maintain the prosecution during trials later," adding, "If the investigators, prosecutors, and those maintaining the prosecution in court are all separate, it becomes difficult to grasp the case and to respond efficiently to defense arguments in court." This reflects the global trend that investigation and prosecution should be integrated to respond to increasingly sophisticated, organized, and large-scale crimes.
Yoon's strong remarks continued. During his visit to Daegu High Prosecutors' Office and District Prosecutors' Office on the 3rd, he said, "The so-called 'complete abolition of prosecution's investigative authority' currently underway is a 'complete spread of corruption' that allows corruption to run rampant, which greatly violates the constitutional spirit," and criticized not only the ruling party pushing the Serious Crime Investigation Office bill but also the government.
Yoon further stated, "Responses to corruption must be conducted through the rule-of-law-based approach, guaranteeing due process rights and trial-centered procedures, so investigative preparation and court trial activities must be organically integrated," and raised his voice, saying, "The victims of the complete abolition of prosecution's investigative authority will ultimately be the people."
◆ Yoon endured suspension and disciplinary actions = In the legal community, it is believed that the establishment of the Serious Crime Investigation Office was even more unbearable for Yoon than the unprecedented disciplinary actions against a Prosecutor General.
Classified as a 'pro-government figure,' Yoon began a difficult path by launching an investigation into former Minister Cho just three months after his appointment. He dealt a fatal blow to Cho's morality, who was mentioned as a potential next presidential candidate. Moreover, Yoon accelerated investigations into the administration, including allegations of Blue House election interference and the cover-up of Yoo Jae-soo's inspection.
After former Minister of Justice Choo Mi-ae took office in January last year, pressure intensified. Choo demoted many prosecutors who assisted Yoon in investigating the administration and exercised investigative command authority over Yoon. However, Yoon expressed his determination to fulfill his term, stating at the National Assembly inspection of the Supreme Prosecutors' Office, "No matter what pressure there is, I will fulfill my duties."
Orders for suspension and disciplinary actions followed. Despite the unprecedented constitutional crisis, Yoon returned to work due to successive court injunctions. At that time, Yoon stated, "I promise to do my best to uphold the constitutional spirit and the rule of law as a public official of the Republic of Korea, more than our members."
In his resignation statement on this day, Yoon again emphasized the constitutional spirit and protection of the people. He stated, "The constitutional spirit and rule of law system that have sustained this country are being destroyed. The damage will inevitably fall on the people," and expressed his intention, saying, "No matter what position I hold in the future, I will do my best to protect liberal democracy and the people."
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