Current Chief Prosecutor Kim Osu Directly Criticizes "Will You Remain Silent Like a Turtle or Ostrich?"

Public Inquiry on Position Regarding Prosecution Reform

Seoul Seocho-dong Supreme Prosecutors' Office.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] A current chief prosecutor has urged Prosecutor General Kim Oh-soo and other senior prosecution officials to clarify their stance on the 'prosecution reform' pursued by the current government.

As the Democratic Party of Korea faces criticism for allegedly reassigning members of the National Assembly's Legislation and Judiciary Committee to push forward legislation for 'Kumsu Wanbak' (complete removal of prosecution's investigative authority) ahead of President-elect Yoon Seok-yeol's inauguration, voices of dissent within the prosecution are growing louder.

On the morning of the 8th, Lee Bok-hyun, Chief Prosecutor of the Criminal Division 2 at the Seoul Northern District Prosecutors' Office (Judicial Research and Training Institute Class 32), posted a message titled "I am curious about the Prosecutor General’s and High Prosecutors’ stance on the so-called prosecution reform" on the prosecution’s internal network, Epros.

He stated, "Having personally witnessed how senior prosecutors failed to firmly reject political forces trying to exploit the expansion of direct prosecution powers in the past, I strongly believed that with the new government’s launch in 2017, improvements in the previous operational methods were necessary more than anyone else. However, the so-called 'prosecution reform' carried out over the past few years was not the kind of reform that could create a prosecution service capable of conducting necessary investigations with the skill of a seasoned surgeon, free from political manipulation, as many of us in the prosecution had hoped."

Chief Prosecutor Lee mentioned, "According to Deputy Chief Prosecutor Kwon Sang-dae’s writing, there is currently a plan to completely strip the prosecution of its investigative authority, making it impossible to investigate any crimes, whether major or minor," referring to the ruling party’s push for Kumsu Wanbak.

He added, "Having served as a chief of the criminal division in both provincial and metropolitan areas over recent years, I have been involved in the operation of the current system, which is the result of the so-called prosecution reform. I have painfully witnessed cases where even after filing complaints for fraud, investigations drag on for one to two years between the prosecution and police, during which evidence becomes scattered. Even when multiple fraud rings are simultaneously accused, a single case is fragmented into transferred cases, suspended investigations, and non-prosecution records, making it difficult to uncover the truth."

He continued, "As a partner in the criminal justice system, I respect the police. I am well aware of how hard many police officers work day and night. However, in reality, all the burden falls on a single police officer, forcing personal sacrifices. This inevitably delays case processing, and in many cases where the officer lacks experience, it has become more difficult than before to expose the tricks of seasoned fraudsters," revealing the difficulties faced at the frontline of investigations.

Chief Prosecutor Lee said, "Our prosecution has a tradition and practice of gathering the wisdom of experienced high prosecutors centered around the Prosecutor General to devise responses to difficult issues. There have been many precedents where solutions were derived in this way during challenging times and explained to the public."

He noted, "Regarding the so-called 'prosecution reform,' the current Prosecutor General was directly involved in designing the current system as the Deputy Minister of Justice. Many high prosecutors and chief prosecutors assisted him during the reform process when he served as Deputy Minister. Moreover, several senior officials, including the head of the Policy Department at the Supreme Prosecutors’ Office, are currently supporting the Prosecutor General’s prosecution reform-related duties."

He lamented, "It is very sad that even when a single chief prosecutor-level officer is driven to post a message out of frustration, those holding positions such as Prosecutor General, high prosecutors, the Director of the Prosecution Bureau, and the head of the Policy Department remain quietly unaware of what is happening somewhere."

Chief Prosecutor Lee said, "While I do not expect the spirit of a former Prosecutor General who once declared, ‘Strike my neck,’ shouldn’t there at least be a passive expression of opinion like that of Prosecutor Moon, who served as head of the Policy Department under the current government but resigned, saying ‘This is absolutely not right’?"

Finally, Chief Prosecutor Lee concluded, "Or at least openly state that Kumsu Wanbak is a historical mission and persuade the prosecution members. It is embarrassing to be led by seniors who, when the wind was at their back, moved forward smoothly while mocking others for being slow, but now that the wind has turned into a headwind, they disappear like a turtle retreating into its shell or an ostrich burying its head in the sand."