Prosecutor General: "Gongsucheo Cannot Decline Prosecution for Cases Without Indictment Authority"

Seoul Seocho-dong Supreme Prosecutors' Office / Photo by Moon Honam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Prosecutors' Office has officially stated that prosecutors at the High-ranking Officials' Crime Investigation Agency (HOSA) can only decide not to prosecute in cases where they have the authority to file charges. According to this logic, HOSA cannot indict or decide not to prosecute Cho Hee-yeon, the Seoul Metropolitan Office of Education Superintendent, who is the first investigation target.

On the 2nd, the Supreme Prosecutors' Office made this statement in an opinion letter submitted to the office of National Assembly member Jeon Juhye.

Article 3, Paragraph 1, Subparagraph 2 of the current HOSA Act specifies in detail that HOSA's prosecution targets include judges, prosecutors, and police officers of rank superintendent or higher. Based on this, the Supreme Prosecutors' Office interpreted that HOSA is restricted from prosecuting other high-ranking officials and therefore cannot make decisions not to prosecute them either.

The Supreme Prosecutors' Office argued, "The HOSA Act clearly states that prosecutors at HOSA do not decide whether to prosecute cases involving high-ranking officials except for those specified by law," adding, "Decisions to prosecute or not prosecute are inseparable."

On the other hand, HOSA, citing the provision in the HOSA Act regarding the transfer of non-prosecution cases, believes that it can decide not to prosecute in all cases involving high-ranking officials.

Article 27 of the current HOSA Act stipulates, "When the head decides not to prosecute a high-ranking official's crime, the related criminal case must be transferred to the Supreme Prosecutors' Office." HOSA's position is that since this provision mentions crimes subject to non-prosecution decisions but does not explain cases where there is no prosecution authority, it can make non-prosecution decisions for all cases involving high-ranking officials.

With the Supreme Prosecutors' Office's interpretation now formalized, it is expected that the tension between the prosecution and HOSA over decisions to prosecute or not prosecute Superintendent Cho will intensify.

Meanwhile, Assembly member Jeon said, "Although HOSA has been in operation for half a year, legal interpretations have not been clearly settled, and conflicts with the prosecution continue," adding, "They have not properly secured investigative personnel, so it is questionable when they will be able to fulfill their role."