Handonghun: "Gangster, Voice Phishing, and Drug Investigations Are Real Efforts to Protect People's Livelihood"... Immediate Response to Kim Namguk's "Take Care of People's Livelihood"

Explanation material distributed by the Ministry of Justice on the 13th.

Facebook capture of Kim Nam-guk, member of the Democratic Party of Korea.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] On the 13th, when Kim Nam-guk, a member of the Democratic Party of Korea, attacked the Ministry of Justice’s revision of the enforcement decree regarding the scope of prosecutors’ investigative authority and told Minister of Justice Han Dong-hoon to "take care of people’s livelihoods," Minister Han retorted, "Investigating gangsters, voice phishing, abuse of power, drugs, and false accusations is the real way the Ministry of Justice can take care of people’s livelihoods."

On the same day, Kim posted the following on his Facebook, criticizing Minister Han’s push to revise the "Regulations on the Scope of Crimes Prosecutors Can Initiate Investigations For" (Presidential Decree).

He pointed out that the Ministry of Justice’s push to revise the enforcement decree was "protecting the prosecutors’ turf," and said, "Please take care of the people and their livelihoods as surely as you protect the ‘prosecutor positions.’"

Minister Han Dong-hoon’s enforcement decree revision is
‘Protecting the prosecutors’ turf’!!!
Please take care of the people and their livelihoods
as surely as you protect ‘prosecutor positions’
Are only ‘close prosecutors’ the people!!!

Minister Han immediately responded to Kim’s criticism.

In the afternoon, Minister Han distributed a card-style explanatory document titled "#TheMinisterofJusticeExplainsDirectly" to the press corps.

In the document, Minister Han emphasized, "Regarding the Democratic Party lawmaker’s claim that ‘instead of revising the enforcement decree for the complete prosecution investigation reform (Geomsu Wanbak), you should take care of people’s livelihoods,’ the Minister of Justice explains directly," adding, "Investigating gangsters who exploit ordinary people, investigating voice phishing that hurts citizens, investigating abuse of power that troubles the public, investigating drug trafficking spreading even among youth, and investigating false accusations that almost led to wrongful punishment ? these are exactly how the Ministry of Justice can take care of the ‘real livelihoods’ of the people."

This immediate response from Minister Han had been foreshadowed in additional explanatory materials distributed the previous day.

In the materials distributed by the Ministry of Justice the day before, he stated, "If called by the National Assembly regarding the enforcement decree, I will go anytime and sincerely explain to the people."

Earlier, on the 11th, the Ministry of Justice announced that ahead of the enforcement of the so-called ‘Geomsu Wanbak’ laws ? the amended Prosecutors’ Office Act and Criminal Procedure Act, which reduce the scope of prosecutors’ direct investigations starting next month on the 10th ? it would publicly notify the partial amendment of the Presidential Decree on the "Scope of Crimes Prosecutors Can Initiate Investigations For."

The amendment includes reclassifying crimes previously categorized as public official crimes such as "abuse of authority" and "forgery of official documents," or election crimes such as "bribery and inducement" and "donation acts," into corruption crimes; reclassifying "drug trafficking-related crimes" and organized crimes for economic purposes such as violent gangs, corporate-style organized crime groups, and voice phishing as economic crimes; and reclassifying false accusation and perjury as crimes that disrupt judicial order, thereby allowing prosecutors to initiate investigations even after the Geomsu Wanbak law takes effect.

In response to fierce criticism mainly from opposition parties calling it a "measure that nullifies the legislative power of the National Assembly," Minister Han rebutted in additional explanatory materials the previous day, stating, "The government intends to implement exactly as stipulated by the laws made by the National Assembly, and plans to revise the enforcement decree transparently and publicly without arbitrariness to set the implementation standards," adding, "This enforcement decree does not deviate in the slightest from the scope delegated by the laws made by the National Assembly."

The amended Article 4 (Duties of Prosecutors) Paragraph 1 Subparagraph 1 Item (a) of the Prosecutors’ Office Act passed by the opposition does not limit the scope of crimes prosecutors can initiate investigations for to "corruption crimes, economic crimes among important crimes prescribed by Presidential Decree," but states "corruption crimes, economic crimes etc. important crimes prescribed by Presidential Decree," meaning that important crime types not previously classified as corruption or economic crimes can also be included within the scope of crimes prosecutors can investigate as defined by the Presidential Decree. This, according to the literal interpretation of the provision, is the legislative intent of the delegation.

Minister Han also asked in the document, "Lastly, I want to ask just one thing," and questioned, "Why on earth should we not investigate gangsters who harass ordinary people, drug trafficking, voice phishing, abuse of power using public office, and false accusations?"

Minister Han’s response to Kim’s attack on this day exactly matches the content he revealed in the additional explanatory materials the previous day.