Prosecutor's Command, Personnel Authority, and Personnel Verification Rights
Opposition Party Checks Including Investigation of Daughter's Resume Building
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Since his nomination as Minister of Justice, Han Dong-hoon has been classified as a 'next presidential candidate' in political circles. This perception solidified through the confirmation hearings and his actions after taking office. Such a label is inappropriate for the top official responsible for legal administration, where fairness and neutrality are paramount, regardless of the ruling party.
Immediately, the authority granted to Minister Han has become more powerful than that of his predecessors. In addition to his command and personnel authority over the investigative agency, the prosecution, he also acquired the power to verify public officials' appointments, a function previously carried out by the Blue House's Civil Affairs Office.
Concerns have been raised in political and legal circles about the concentration of previously dispersed information-gathering functions within the Ministry of Justice.
Minister Han has also announced plans to revive the Investigation Information Office of the Supreme Prosecutors' Office, which was abolished during the Moon Jae-in administration. Various types of information that used to flow to the Blue House through the National Intelligence Service, prosecution, and police will now be consolidated under the Ministry of Justice.
Regarding this, a lawyer who is a former senior prosecutor said, "Each intelligence agency holds accumulated information on specific individuals. In the past, the National Intelligence Service had a lot of information, and the police also accumulated considerable data," adding, "Until now, this information could be gathered at the Blue House, but now there could be a competition in intelligence capabilities between the Ministry of Justice and the police."
Minister Han has pledged, in line with President Yoon Seok-yeol's campaign promises, "not to exercise the minister's authority to direct investigations." However, looking at the recent personnel reshuffle of prosecution executives, the legal community's consensus is that he will inevitably influence investigations in some way. Since President Yoon also knows the prosecution organization and investigations better than anyone, concerns arise that the president, minister, and prosecution might operate as one entity.
The Democratic Party plans to conclude the 'complete removal of prosecution's investigative authority' (Geomsu Wanbak) by abolishing the Prosecutor's Office and establishing the Serious Crime Investigation Agency. However, even if the Serious Crime Investigation Agency is created, it is highly likely to be an institution under the Ministry of Justice, leading to speculation that Minister Han's authority will become even stronger.
A lawyer who is a former high-ranking prosecutor said, "The prosecution's investigative authority broadly falls under the president's governance power, doesn't it?" and added, "It is not necessarily wrong for the president or minister's opinions to be reflected in nationally important cases."
On the other hand, Professor Han Sang-hee of Konkuk University Law School said, "The Prosecutors' Office Act requires the prosecution to have independence in investigations," and stated, "Except in extremely exceptional cases where the minister directs investigations as stipulated by law, neither the president nor anyone else should exert influence over prosecution investigations."
The opposition party has begun efforts to 'check Han Dong-hoon.' The Democratic Party has decided to form a special committee to conduct a party-level investigation into Minister Han's daughter's so-called 'spec-building' activities. The party leadership collectively claims a regression to the Lee Myung-bak and Park Geun-hye eras.
Meanwhile, the ruling party has started to 'protect Han Dong-hoon.' Jang Je-won, a close aide to President Yoon and a member of the People Power Party, wrote on Facebook, "While I can understand these concerns to some extent, I don't think there is anything to worry about," adding, "Minister Han will not be the Minister of Justice forever, and President Yoon is certainly not someone who would entrust personnel matters solely to the Ministry of Justice."
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