[Full Text] Yoon Seok-yeol to Prosecutors' Staff: "It's Urgent, But Think Only of the People"

Prosecutor General Yoon Seok-yeol is expressing his intention to resign from the position of Prosecutor General as he arrives at the Supreme Prosecutors' Office in Seocho-gu, Seoul, on the 4th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Seongpil Cho] On the 4th, Prosecutor General Yoon Seok-yeol stated, "The capabilities and experience accumulated through investigations and trials so far do not belong to the prosecution but are assets of the people."

After announcing his resignation that afternoon, Prosecutor General Yoon said in a letter "To the Prosecution Family," "If the prosecution's investigative authority is completely stripped away and the prosecution is dismantled, the people's assets accumulated over 70 years will disappear without a trace, creating extraterritorial zones for privileged classes, ultimately harming the people."

He added, "The abolition of the prosecution's investigative authority and the establishment of the Serious Crime Investigation Agency are not prosecutorial reforms," and said, "They seriously undermine the rule of law in the Republic of Korea." He further criticized the push for the establishment of the Serious Crime Investigation Agency, saying, "Those who have not properly experienced investigation and trial practice may not realize how much such hasty legislation throws the country into chaos."

Yoon said, "I kept my position last year despite unfair exercise of command rights and disciplinary incidents to uphold the spirit of the Constitution and the rule of law," and added, "Stepping down from the difficult position of Prosecutor General is to protect justice, common sense, democracy, and the rule of law in our society."

He urged, "Although the situation is severe and urgent, think only of the people," and said, "Do not be shaken and always do your best in your duties with an attitude of serving the people." He bowed his head, saying, "I was able to perform the duties of Prosecutor General until now thanks to all of you," and apologized, "I am sorry I cannot be with you until the end."

Below is the full text of the "Letter to the Prosecution Family."

Dear Prosecution Family!

It has now been two months since the prosecution's investigative command authority was abolished and the prosecution's direct investigation scope was limited to six major crimes, including corruption crimes.

During this time, we have made efforts to restrain the prosecution's direct investigations as much as possible and limit them to the necessary scope.

I understand that you have been struggling to adapt to the newly implemented criminal justice system.

Meanwhile, recently proposed bills that completely strip the prosecution's investigative authority and dismantle the prosecution have caused more confusion and likely lowered your motivation.

I believe you are angry and worried about the current situation. As Prosecutor General, I feel a heavy and sorrowful responsibility.

I am now going to fulfill my last duty entrusted by the Constitution to protect democracy and the rule of law in our country.

Today, I am stepping down from the position of Prosecutor General.

Together with you, I have done my best aiming for a 'fair prosecution, a prosecution for the people,' but I can no longer just watch as the prosecution is destroyed and the anti-corruption system collapses.

I take pride in saying that you and I have worked looking only to the people, without considering personal or organizational interests.

The abolition of the prosecution's investigative authority and the establishment of the Serious Crime Investigation Agency are not prosecutorial reforms. They seriously undermine the rule of law in the Republic of Korea.

Because the criminal justice system is directly related to people's lives, if it is poorly designed even once, the entire population will suffer.

Those who have not properly experienced investigation and trial practice may not realize how much such hasty legislation throws the country into chaos.

Investigation is not an end in itself but a preparatory activity for trials. Investigation and prosecution are inseparable by nature.

It is not that the prosecution wants to conduct all investigations. Depending on the difficulty of the case, social significance, and manpower conditions, the police may complete investigations independently, or proceed with investigations based on the prosecution's advice, or conduct joint investigations in consultation with the prosecution.

However, for serious crimes committed by powerful individuals in political, economic, and social fields, the prosecution must directly investigate, decide whether to prosecute, and handle the maintenance of the final trial indictment.

Without this, it is virtually impossible to enforce the law through judicial rulings on power-related corruption or large-scale financial and economic crimes that shake the foundation of the community.

In trials, powerful individuals often challenge minor procedures and evidence acquisition processes, and prosecutors who were not involved in the investigation from the beginning cannot properly respond to this reality.

We experience daily that investigations in serious crimes are short, trials are long, and the real battle takes place in the courtroom.

To respond to increasingly sophisticated, organized, and large-scale serious crimes, the global trend is to integrate investigation and prosecution into one.

Major advanced judicial countries guarantee the prosecution's direct investigative authority for serious cases.

Attempts to completely strip the prosecution's investigative authority cannot be found in advanced judicial countries.

The capabilities and experience accumulated by the prosecution through investigations and trials belong not to the prosecution but to the people.

If the prosecution's investigative authority is completely stripped and the prosecution dismantled, the people's assets accumulated over 70 years will vanish without a trace, creating extraterritorial zones for privileged classes, ultimately harming the people.

The prosecution's criminal law enforcement functions must operate fairly for all the people. That is democracy and the rule of law.

Last year, I kept my position despite unfair exercise of command rights and disciplinary incidents to uphold the spirit of the Constitution and the rule of law. Your support and encouragement were a great strength.

Now, I am stepping down from the difficult position of Prosecutor General. It is not to protect the prosecution's authority but to protect justice, common sense, democracy, and the rule of law in our society.

Dear Prosecution Family!

Although the situation is severe and urgent, think only of the people. Do not be shaken and always do your best in your duties with an attitude of serving the people.

I was able to perform the duties of Prosecutor General until now thanks to all of you. I am sorry I cannot be with you until the end.

I deeply thank you for the overwhelming love you have given me. I will never forget it for my lifetime.

March 4, 2021

Prosecutor General Yoon Seok-yeol