Acting Head of Department: "Fairness Difficult to Guarantee with Only Chief Prosecutors of the Supreme Prosecutors' Office"... Six Frontline High Prosecutors Expected to Participate
[Asia Economy Reporter Baek Kyunghwan] Acting Prosecutor General Cho Nam-gwan has accepted Minister of Justice Park Beom-gye's investigation directive regarding the alleged obstruction of justice by former Prime Minister Han Myeong-sook. However, judging that the department chiefs' meeting ordered by Minister Park lacks sufficient fairness, he plans to include frontline high prosecutors in the meeting as well.
On the 18th, Acting Prosecutor General Cho stated, "The Supreme Prosecutors' Office has done its best to ensure fairness and uncover the substantive truth based on reasonable decision-making guidelines during the handling of this case, but I humbly accept the minister's directive pointing out shortcomings." He added that he would promptly convene the department chiefs' meeting ordered by Minister Park for reconsideration and listen to opinions from the Inspection Department Chief and Researcher Im Eun-jung, among others.
However, he introduced a variable by including frontline high prosecutors in the department chiefs' meeting. Acting Prosecutor General Cho judged that fairness would be difficult to guarantee with only the department chiefs within the Supreme Prosecutors' Office. Initially, seven department chiefs at the level of chief prosecutors were scheduled to attend the meeting, including Acting Prosecutor General Cho, Inspection Department Chief Han Dong-su, Anti-Corruption and Strong Crime Department Chief Shin Seong-sik, Public Investigation Department Chief Lee Jeong-hyun, Criminal Department Chief Lee Jong-geun, Trial and Litigation Department Chief Go Kyung-soon, Scientific Investigation Department Chief Lee Cheol-hee, and Planning and Coordination Department Chief Cho Jong-tae.
Some speculate that Minister Park's background for specifying "participation of all department chiefs" was the current lineup of department chiefs at the Supreme Prosecutors' Office. Department Chief Han, along with Researcher Im, had previously issued a prosecution opinion on the obstruction of justice case, and Department Chiefs Lee Jong-geun and Lee Jeong-hyun are also considered pro-government figures. Department Chief Go Kyung-soon also aligned with Department Chief Han during the suspension of former Prosecutor General Yoon Seok-youl. Since the Supreme Prosecutors' Office department chiefs' meeting reaches conclusions by majority vote when opinions differ, there was a possibility that more opinions would side with Researcher Im.
Therefore, Acting Prosecutor General Cho announced that six frontline high prosecutors?Seoul High Prosecutor Cho Sang-chul, Suwon High Prosecutor Oh In-seo, Daejeon High Prosecutor Kang Nam-il, Daegu High Prosecutor Jang Young-soo, Busan High Prosecutor Park Seong-jin, and Gwangju High Prosecutor Koo Bon-seon?would attend the Supreme Prosecutors' Office department chiefs' meeting to enhance the maturity of deliberations. According to the Supreme Prosecutors' Office regulations on "Guidelines for the Operation of Consultative Bodies for Reasonable Decision-Making," the Prosecutor General may allow only some department chiefs to attend or may include high prosecutors, local prosecutors, or the Supreme Prosecutors' Office Secretariat Chief depending on the case.
Accordingly, the Supreme Prosecutors' Office plans to coordinate the schedule and agenda for the department chiefs' meeting within the day and communicate the details to the attendees.
Although Acting Prosecutor General Cho introduced the variable of frontline high prosecutors attending, it is difficult to predict the meeting's outcome. If the prosecution opinion gains weight, the fallout will affect the prosecution investigation team. If prisoner Kim, accused of obstruction of justice, is brought to trial, the statute of limitations for the prosecutors investigating former Prime Minister Han, who is accused of instructing false testimony, will automatically be suspended. Formal investigations against the prosecutors will also begin. If the prosecutors' instruction charges become prominent, it could expand into a new justification for prosecutorial reform, including the removal of direct investigation authority.
The meeting might conclude without a decision and be reported to Acting Prosecutor General Cho. In that case, he will make the final decision on prosecution based on the meeting results. The Ministry of Justice also stated, "The minister requests the Prosecutor General (acting) to make a reasonable decision based on the meeting," and "Minister Park intends to accept any decision."
There are variables. Acting Prosecutor General Cho might lead a non-prosecution opinion. As the final person responsible for the previous dismissal of charges, it is unlikely he will overturn his own judgment. Moreover, he has recently made several outspoken remarks during the disciplinary case of former Prosecutor General Yoon and the recent prosecutorial personnel reshuffle.
However, an immediate inspection of the former Prime Minister Han's investigation team is expected. Minister Park confirmed circumstances suggesting human rights violations in the investigation methods involving related parties and ordered a joint special inspection by the Ministry of Justice Inspection Office and the Supreme Prosecutors' Office Inspection Department into illegal and improper investigation procedures and practices.
Meanwhile, reactions within the prosecution to Minister Park's investigation directive are cold. Especially, many prosecutors express disappointment at Minister Park's apparent evasion of responsibility by delegating the prosecution decision to the Supreme Prosecutors' Office department chiefs' meeting instead of directly ordering prosecution. Prosecutor A said, "Minister Choo was at least brave," and added, "The content is to prosecute, but the form is to have the department chiefs deliberate, which shows the minister does not want to take direct responsibility."
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