Bar Association Expresses Regret Over Prosecutor General Appointments Lacking Political Neutrality and Independence

"Ministry of Justice Faces Concerns Over Neglecting Rule of Law and Justice to Appoint Officials with Specific Bias"

Lee Jong-yeop, President of the Korean Bar Association. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin] The Korean Bar Association (President Lee Jong-yeop) expressed deep regret on the 5th through a statement regarding the high-level personnel reshuffle of the prosecution carried out by the Ministry of Justice the previous day.

The Bar Association particularly expressed serious concern over the promotion of Lee Seong-yoon, the Chief Prosecutor of the Seoul Central District Prosecutors' Office, who is on trial for allegations of 'investigation interference' in the 'Kim Hak-ui illegal departure ban' case, to the position of Chief Prosecutor of the Seoul High Prosecutors' Office. They evaluated this personnel move as far from the political neutrality or independence of the prosecution.

In the statement distributed that day, the Bar Association pointedly criticized Lee's case, saying, "On the 4th, the Ministry of Justice carried out personnel changes for 41 senior prosecution officials at the level of chief prosecutors and above, promoting a high-ranking official who is a defendant charged with abuse of authority and obstruction of justice for exerting external pressure during the investigation of the departure ban case involving former Deputy Minister of Justice Kim Hak-ui, to the position of Chief Prosecutor of the Seoul High Prosecutors' Office."

The Bar Association stated, "This personnel reshuffle by the Ministry of Justice is far from securing the political neutrality and operational independence of the prosecution, and furthermore, it deeply regrets that it could severely undermine public trust in the law and the rule of law."

Regarding the appointment of Lee, who is now a defendant, as the head of a frontline prosecution office with influence over investigations, the Bar Association expressed deep concern, saying, "This goes beyond a lapse in public service discipline; it damages the fairness of trials and even obliterates the prosecution's core value of political neutrality."

The Bar Association emphasized, "Article 73-3 of the State Public Officials Act stipulates that to establish strict public service discipline, those charged with criminal cases may be denied their positions. Ordinarily, when an active prosecutor is involved in a criminal case and indicted, that prosecutor is excluded from investigative duties to limit influence, or the indicted prosecutor resigns voluntarily. This is especially true for high-ranking prosecutors, as is the sentiment among both the legal community and the general public."

They continued, "The high-ranking official in question was recommended for indictment by the Prosecutorial Investigation Committee, which he himself requested, where external experts overwhelmingly recognized the charge of exerting external pressure in the departure ban case involving former Deputy Minister Kim Hak-ui. Subsequently, prosecution was initiated, and he is currently a defendant awaiting trial at the Seoul Central District Court. Moreover, the position of Chief Prosecutor of the Seoul High Prosecutors' Office oversees disciplinary affairs related to prosecutors in Seoul and major metropolitan areas and handles appeals against non-prosecution decisions in important cases, effectively wielding influence over major investigations," they pointed out.

The Bar Association stated, "Nevertheless, in this personnel reshuffle by the Ministry of Justice, the high-ranking official was not excluded from investigative duties but rather appointed to a position where he could directly or indirectly influence investigations and trials against himself. This is deeply concerning as it goes beyond a lapse in public service discipline, damages the fairness of trials, and obliterates the prosecution's core value of political neutrality."

The Bar Association also criticized the fact that following Minister of Justice Park Beom-gye and former Deputy Minister Lee Yong-gu, the Chief Prosecutor of the Seoul High Prosecutors' Office is now also a defendant or under investigation. They expressed repeated regret, questioning whether the Ministry of Justice is neglecting the rule of law and justice to appoint personnel with specific leanings, deviating from the essence of prosecutorial reform.

The Bar Association emphasized, "If the public does not trust the fairness of the Ministry of Justice's prosecution personnel appointments, ultimately, the public will lose trust in the prosecution's investigations and indictments, which will inevitably lead to criticism that the Ministry of Justice itself is undermining the foundation and basis of the rule of law."

They added, "Moreover, following the Minister of Justice and the immediate past Deputy Minister, the fact that even high-ranking prosecution officials are on trial or under investigation by their own organization is a situation that the public will find difficult to accept. As the only independent legal organization outside the government, the Korean Bar Association finds it difficult to explain this and expresses regret that the Ministry of Justice is neglecting the values of the rule of law and justice by favoring personnel with specific leanings, deviating from the essence of prosecutorial reform. We will continue to raise our voice on behalf of the public to ensure that the rule of law is implemented and justice is realized throughout society based on law and principles with proper checks and balances."

The previous day, the Ministry of Justice carried out a large-scale personnel reshuffle, promoting and transferring 41 prosecutors at the level of chief prosecutors and above, including appointing six new Chief Prosecutors and ten new Chief Prosecutors of district offices.

In this reshuffle, besides Lee, Prosecutor General Lee Jeong-su and Kim Gwan-jung, Chief Prosecutor of the Seoul Eastern District Prosecutors' Office, were promoted to Chief Prosecutor of the Seoul Central District Prosecutors' Office and Chief Prosecutor of the Suwon High Prosecutors' Office, respectively. Most prosecutors showing a pro-government stance were appointed to key positions, while prosecutors who opposed the administration, such as Deputy Chief Prosecutor Cho Nam-gwan, Chief Prosecutor Kang Nam-il of Daejeon High Prosecutors' Office, Deputy Director Yoon Dae-jin of the Judicial Research and Training Institute, Chief Prosecutor Han Dong-hoon, and those involved in investigations related to the statutes, as well as prosecutors classified as close to former President Yoon Seok-youl, were mostly demoted.