[Column] The Abuse of Authority Issues the Corruption Investigation Office Must Resolve

[Asia Economy Reporter Kim Hyung-min] The head of a law firm called a subordinate lawyer to offer encouragement. During the conversation, the head said, "About the case you are handling this time, try thinking about it from a different angle." Although it was a casual remark, the lawyer interpreted it as "Does the head think I am not doing my job well?" Is the head's call an abuse of authority in relation to a specific case or not? When asked legal professionals, opinions are split evenly between yes and no.

'Abuse of authority' has become the greatest challenge in the legal community. It is a crime to abuse authority to make others perform 'unobligated acts' or to obstruct the exercise of rights, but courts differ in their rulings on how to interpret the scope of authority and duties. This is why abuse of authority is said to be more difficult to judge than to investigate. The High-ranking Officials' Crime Investigation Agency (Gongsoocheo) and the prosecution have simultaneously rushed into this challenge as if competing. Gongsoocheo has investigated nine cases in the past month, mostly looking into abuse of authority charges. Former Prosecutor General Yoon Seok-yeol and Seoul Education Superintendent Cho Hee-yeon are among them. The prosecution is also investigating Lee Seong-yoon, head of the Seoul High Prosecutors' Office, and Lee Kwang-cheol, Blue House civil affairs secretary, who were involved in the illegal travel ban case of former Deputy Minister of Justice Kim Hak-ui, thus plunging into the quagmire of abuse of authority.

After the investigation, a guilty verdict must be obtained. It is not as easy as it sounds. Recently, courts have interpreted the requirement of 'making someone perform an unobligated act' in abuse of authority cases strictly. This is due to concerns about the broad social impact a single ruling could have. The Supreme Court acquitted former Chief Prosecutor Ahn Tae-geun, who was charged with retaliatory personnel actions against Prosecutor Seo Ji-hyun. The personnel action at the time was deemed to be within discretionary authority and not abuse of authority. Most judges involved in the 'state manipulation' case of former President Park Geun-hye and the 'judicial manipulation' case also received not guilty verdicts on abuse of authority charges.

In particular, Gongsoocheo must stake its fate on abuse of authority cases. High-ranking officials have large positions and powers and are always vulnerable to abuse of authority charges, making it Gongsoocheo's destiny. How Gongsoocheo resolves the challenge of abuse of authority will inevitably determine its future prospects.