[The Editors' Verdict] Investigation Briefings Have Become Too Comfortable

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Compared to the past, the most comfortable position in the prosecution now is that of the Deputy Chief Prosecutor. The Deputy Chief Prosecutor is a mid-level executive positioned between the Chief Prosecutors, who directly lead investigations in each department, and the Prosecutor General, who heads each prosecution office. In larger prosecution offices, there is a First Deputy Chief Prosecutor who oversees the Criminal Division and manages case assignments, a Second Deputy Chief Prosecutor who leads investigations into public security or special cases, and at the Seoul Central District Prosecutors' Office, there are even Third and Fourth Deputy Chief Prosecutors, making a total of four Deputy Chief Prosecutors.

The reason why it is said that Deputy Chief Prosecutors have become more comfortable is that since last year, they have completely withdrawn from public relations duties. Traditionally, Deputy Chief Prosecutors were responsible for public relations related to cases under investigation by their subordinate departments. Of course, this duty was carried out alongside their investigative leadership.

When investigations into socially significant and high-profile cases began, Deputy Chief Prosecutors had to answer calls from reporters from early morning until late at night, and attend briefing sessions styled as tea times, sometimes once a week or even daily, responding to numerous questions from reporters. Given that a slip of the tongue could instantly become a headline on portal news sites, this was a highly burdensome task for Deputy Chief Prosecutors.

The period when the prosecution was most diligent in public relations, with two Deputy Chief Prosecutors each holding one-hour investigative briefings almost daily, was during the 2016 'State Manipulation' investigation that marked the beginning of the Moon Jae-in administration. Even after the current government took office, the prosecution continued to focus on public relations during the 'Judicial Manipulation' case investigations, to the extent that it was said the investigation status was being broadcast in real time.

However, following the investigation into former Minister of Justice Cho Kuk, former Minister Choo Mi-ae and her successor Park Beom-gye gradually strengthened the public relations guidelines and completely excluded Deputy Chief Prosecutors from such duties. Instead, each prosecution office appointed one professional spokesperson or human rights supervisor to handle public relations exclusively. The official rationale was to protect the rights of suspects and maintain investigation security.

The problem is that unlike Deputy Chief Prosecutors who directly lead investigations and are fully aware of the details and progress of cases, spokespersons can only respond based on information relayed from the investigation teams. Of course, in the past, Deputy Chief Prosecutors also drew a line by refusing to answer questions directly related to investigation security, but there is a difference between knowingly withholding answers and genuinely not knowing the investigation progress.

For example, about ten years ago, to reduce the excessive public relations burden on Deputy Chief Prosecutors at the Seoul Central District Prosecutors' Office, the head of the General Affairs Department was appointed as spokesperson, and a deputy spokesperson was also appointed. Measures were taken to allow the General Affairs Department head, who was not directly involved in investigations, to attend senior management meetings at the Central District Prosecutors' Office to stay informed and fulfill public relations duties diligently. However, the spokesperson system at the Central District Prosecutors' Office soon became ineffective because there was a clear difference in the scope and depth of answers they could provide to reporters' questions.

Currently, at the Seoul Central District Prosecutors' Office, one public relations officer is solely responsible for the public relations duties that were previously divided among the First, Second, Third, and Fourth Deputy Chief Prosecutors. Considering the number of major cases under investigation or prosecution at the Central District Prosecutors' Office, it is practically impossible to provide proper public relations. The newly established Corruption Investigation Office for High-ranking Officials (CIO) also has only one spokesperson who does not participate directly in investigations and handles public relations exclusively.

Of course, investigation security and the rights of suspects are important. It is undeniable that the past selective media manipulation by the prosecution caused serious side effects. However, the public's right to know is also an undeniable value. Especially in the current situation, where the public can only ask one public relations officer?who does not conduct investigations directly?about how high-profile investigations are progressing or why there is no progress, there is a problem. The media's mission to monitor power applies to investigative agencies as well. Strengthened public relations standards have not eliminated the prosecution's selective leaking of suspect information.

Recently, while indicting key suspects in the Daejang-dong scandal, the prosecution only distributed a four-page press release without holding a separate briefing. Although the Supreme Prosecutors' Office Inspection Department arbitrarily obtained the spokesperson's official phone for forensic analysis without the presence of the subject under investigation, causing controversy over legality, the only response was a one-page statement saying, "We checked but found nothing." There was no opportunity to ask why the investigation into the initially high-profile 'LH speculation' case fizzled out.

If things continue as they are, it is highly likely that soon we will receive a one-line press release from the prosecution stating, "Candidate Lee Jae-myung and former Supreme Court Justice Kwon Soon-il were investigated, but no evidence linking them to the Daejang-dong scandal was found," and we will be in a situation where we cannot ask any questions or raise any objections.