[Fact Check] Should the 'Last Prosecutor General' Step Down After the Presidential Election?

Is It Natural to Replace the Former Government's Prosecutor General When a New President Takes Office? Outcomes Vary Depending on Political Situations
Former Prosecutor General Lee Jong-nam Remained After New Government Launch... Former Prosecutor Generals Kim Tae-jung and Im Chae-jin Also Stayed After Regime Change

[Asia Economy Reporter Ryu Jeong-min] Should the "last Prosecutor General" chosen by the incumbent president step down after the presidential election? This question arises while observing the recent appointment of the new Prosecutor General candidate.

President Moon Jae-in, who will retire in May next year, effectively nominated former Deputy Minister of Justice Kim Oh-soo as the final Prosecutor General candidate on the 3rd. If Kim Oh-soo passes the parliamentary confirmation hearing smoothly and proceeds with the appointment process within this month, he is expected to hold the position until the end of the Moon Jae-in administration.

Unless a special political situation arises, it is highly likely that Kim Oh-soo will be the last Prosecutor General of the Moon Jae-in government. A notable point is that the term of the Prosecutor General is stipulated by law. Article 12, Paragraph 3 of the Prosecutors' Office Act states, "The term of the Prosecutor General shall be two years, and reappointment is not allowed."

Prosecutor General nominee Kim Osu is arriving at the office set up at the Seoul High Prosecutors' Office in Seocho-gu, Seoul on the 4th. Photo by Moon Honam munonam@

According to the Prosecutors' Office Act, Kim Oh-soo's term is expected to last until May 2023. However, around the time he completes one year in office, a new president will be inaugurated. When the new president takes office in May next year, personnel appointments will be made for key positions in national institutions, including the Prime Minister and ministers. The Prosecutor General is also a key position that the new president will pay close attention to.

So, will Kim Oh-soo have to step down after just one year in office? Considering the importance of the new president's personnel authority, it seems natural for the Prosecutor General appointed by the previous president to resign. However, there have been cases where the Prosecutor General retained the position even after a change in president, and even after a change in ruling party between the opposition and the ruling party.

Since the introduction of the direct presidential election system in 1987, politicians Roh Tae-woo, Kim Young-sam, Kim Dae-jung, Roh Moo-hyun, Lee Myung-bak, Park Geun-hye, and Moon Jae-in have been the occupants of the Blue House. Among the seven presidents elected by direct vote, three presidents maintained a cohabitation system by retaining the Prosecutor General from the previous administration.

The 21st Prosecutor General Lee Jong-nam was appointed in May 1987 during the Chun Doo-hwan administration and retained his position even after the December presidential election and the inauguration of the new president in February the following year. He held the Prosecutor General position until December 1988 during the Roh Tae-woo administration.

The Roh Tae-woo administration was born through the re-election of the Democratic Justice Party (Minjungdang), which may have allowed for "political rapport" with the previous president.

However, the case of the 28th Prosecutor General Kim Tae-jung, appointed in August 1997, was different. Kim, appointed by President Kim Young-sam, retained his position until May 1999 during President Kim Dae-jung's (DJ) administration. Although a regime change occurred through the December 1997 presidential election, the Prosecutor General remained in office.

The Supreme Prosecutors' Office in Seocho-gu, Seoul, on March 19. / Photo by Hyunmin Kim kimhyun81@

At that time, in political circles, it was evaluated that Kim's decision to postpone the investigation into the "DJ slush fund allegations" until after the 1997 presidential election was the background for his retention. His cautious approach to politically sensitive investigations earned high marks from the new power.

The 36th Prosecutor General Lim Chae-jin, appointed by President Roh Moo-hyun in November 2007 during the Participatory Government, also retained his position until June 2009 after the inauguration of the Lee Myung-bak administration. This means that President Lee Myung-bak continued to favor the Prosecutor General appointed by President Roh Moo-hyun.

The Prosecutor Generals who were retained during regime changes did not have smooth conclusions to their public service careers. Lim Chae-jin resigned on June 5, 2009, taking moral responsibility for the death of former President Roh Moo-hyun on May 23, 2009.

President Kim Dae-jung empowered Kim Tae-jung by appointing him as Minister of Justice, but Kim had to resign in June 1999 after being embroiled in the so-called "clothing lobbying" scandal.

Reviewing the history of the Supreme Prosecutors' Office, three Prosecutor Generals?Lee Jong-nam, Kim Tae-jung, and Lim Chae-jin?were retained and continued to hold their positions even after the inauguration of a new president.

Therefore, regarding the question of whether the last Prosecutor General appointed by the incumbent president must step down after the presidential election, the judgment is that "generally, this is not the case."