‘Yoon's Lawyer’ Iwan-gyu Lee Appointed New Chief of the Office for Government Legislation... Targeting the Complete Criminal Investigation Reform?

Yoon's Closest Aide Lawyer Lee Wankyu Appointed New Minister of Government Legislation
Legal Representative During Yoon's Disciplinary Action... Seoul National University Law School and Judicial Research and Training Institute Classmate
Expected to Provide Legal Interpretation on 'Prosecutorial Reform'... Hinted in Inaugural Speech
"Rule of Law Not Fulfilled by Formal Procedures Alone... Must Comply with Constitution"

New Commissioner of the Legislation Bureau, Lee Wankyu, Saluting the National Flag
(Sejong=Yonhap News) Reporter Kim Juhyung = On the afternoon of the 13th, Lee Wankyu, the new Commissioner of the Legislation Bureau, is saluting the national flag at the inauguration ceremony held at the Government Complex Sejong in Sejong City. 2022.5.13
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[Asia Economy Sejong=Reporter Lee Jun-hyung] The Ministry of Legislation, led by lawyer Lee Wan-gyu, a close aide to President Yoon Seok-yeol, is expected to issue an active authoritative interpretation regarding the Democratic Party of Korea's push for ‘Geomsu Wanbak (Complete Removal of Prosecutorial Investigation Rights)’. The new head of the Ministry of Legislation also expressed a stance in his inaugural speech that is interpreted as targeting Geomsu Wanbak. As the Ministry of Legislation is an institution that coordinates and oversees government legislative activities, it is expected to play a pivotal role in the detailed adjustment process of prosecutorial investigation rights in the future.

According to related ministries on the 14th, President Yoon appointed lawyer Lee as the head of the Ministry of Legislation the day before. The new head served as the legal representative for President Yoon during lawsuits when Yoon was suspended from duty and disciplined while serving as Prosecutor General. Additionally, Lee and President Yoon are classmates from Seoul National University Law School, class of ’79, and were both part of the 23rd Judicial Research and Training Institute class, classifying Lee as a close aide to President Yoon.

Some view this appointment as not unrelated to Geomsu Wanbak. The Ministry of Legislation, under the Prime Minister, oversees government legislation and legal interpretation. Before the Geomsu Wanbak bill takes effect in September, the Ministry’s authoritative interpretation could become a variable in the detailed adjustment of prosecutorial investigation rights or in the process of follow-up legislation. Considering that the new head is a close aide to President Yoon, there is a high possibility that the Presidential Office’s opinions will be actively reflected in the future adjustment process of prosecutorial investigation rights.

Rep. Kwon Seong-dong, floor leader of the People Power Party, and other lawmakers are condemning the Complete Inspection Abolition Act in front of the National Assembly plenary session hall on the 3rd. Photo by Yoon Dong-joo doso7@

There is also analysis that President Yoon chose the position of head of the Ministry of Legislation as a way to put the brakes on Geomsu Wanbak. In the current situation of a National Assembly where the ruling party is in the minority, it is virtually impossible to block Geomsu Wanbak through legislative amendments. However, by issuing authoritative interpretations or revising enforcement ordinances through the Ministry of Legislation, the government can take the lead in follow-up measures after Geomsu Wanbak. According to the amendment to the Prosecutors' Office Act, which is part of the Geomsu Wanbak bill, the specific scope of direct investigations by prosecutors must be determined by presidential decree. According to the amendment to the Criminal Procedure Act, there are also parts of the scope of supplementary investigations that require interpretation by the Ministry of Legislation.

Until recently, the Ministry of Legislation had not issued an official stance on Geomsu Wanbak. Earlier, the Presidential Transition Committee stated last month that the Ministry of Legislation had expressed an opinion that the Geomsu Wanbak bill had constitutional issues. However, the Ministry of Legislation clarified immediately after the Transition Committee’s announcement that it was “the view of some staff members, not the official opinion of the Ministry of Legislation.”

However, with Lee’s inauguration as the new head of the Ministry of Legislation, the Ministry is expected to actively issue authoritative interpretations regarding Geomsu Wanbak. In his inaugural speech, Lee emphasized ‘substantial rule of law,’ indicating this intention. At the inauguration ceremony the day before, Lee said, “The rule of law is not simply fulfilled by the formal procedure of laws being enacted by the legislature,” adding, “Substantial rule of law must be realized, where the content of laws complies with the Constitution and is consistent with general legal principles and common sense.”

Inauguration Ceremony of Lee Wankyu, New Chief of the Legislation Office
(Sejong=Yonhap News) Reporter Kim Juhyung = Lee Wankyu, the new Chief of the Legislation Office, is delivering his inaugural address at the inauguration ceremony held at the Government Complex Sejong in Sejong City on the afternoon of the 13th. 2022.5.13
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Lee also emphasized the ‘spirit of the Constitution.’ This is interpreted as a remark mindful of the fact that both President Yoon’s side and the prosecution have repeatedly pointed out unconstitutional elements in the Geomsu Wanbak bill. In his inaugural speech, Lee said, “The Ministry of Legislation must always prioritize the Constitution in performing legislative affairs and supporting legislation,” and “We must strive to realize such substantial rule of law in the new government.”

Meanwhile, a former head of the Ministry of Legislation has also shown presence in major political situations. Lawyer Lee Seok-yeon, who served as the first head of the Ministry of Legislation under the Lee Myung-bak administration, is a representative example. While serving as head of the Ministry of Legislation, Lee opposed the ‘Beef Ministerial Notice’ issued as a follow-up measure to the Korea-US beef negotiations by the Lee Myung-bak government, citing potential unconstitutionality.