Lee Won-seok's Three Major Tasks... Investigation of Moon Administration, Prosecution Reform, and Political Neutrality

Lee Won-seok, Deputy Prosecutor General of the Supreme Prosecutors' Office, who was nominated as the first Prosecutor General candidate of President Yoon Suk-yeol's administration, is coming out of the entrance of the Supreme Prosecutors' Office in Seocho-gu, Seoul on the 18th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Choi Seok-jin, Legal Affairs Specialist Reporter] Lee Won-seok, Deputy Prosecutor General of the Supreme Prosecutors' Office (age 53, Judicial Research and Training Institute class 27), who has been nominated as the first Prosecutor General candidate under the Yoon Seok-yeol administration, will face three major tasks upon his inauguration: ▲investigations related to the previous administration ▲responding to the complete removal of prosecutorial investigative powers (Geomsu Wanbak) ▲and safeguarding political neutrality.

Each of these tasks is a critical issue that will determine the success or failure of the Lee Won-seok-led prosecution, and they are closely interconnected. Ultimately, these are problems that the candidate must resolve through strict and fair investigative leadership.

Recently, the prosecution has launched a full-scale reinvestigation into the Daejang-dong development project preferential treatment allegations involving Lee Jae-myung, a member of the Democratic Party of Korea who is soon to be elected as the opposition leader, and is investigating allegations of lawyer fee payments on behalf of Ssangbangwool Group. In cases under investigation by the Seoul Central District Prosecutors' Office, such as the 'West Sea Civilian Killing and Defection Fabrication' case and the 'Forced Repatriation of North Korean Fishermen' case, as well as the 'Ministry of Trade, Industry and Energy Blacklist' case under the Seoul Eastern District Prosecutors' Office, key figures from the Moon Jae-in administration's Blue House, the National Intelligence Service, and various government ministries are under investigation as suspects. How cleanly and satisfactorily Lee’s candidate can conclude these politically sensitive investigations without controversy over political neutrality will be the first measure of his leadership.

Following last year's adjustment of investigative authority between the police and prosecution, which reduced the prosecution's investigative rights over six major crimes, the so-called 'Geomsu Wanbak' law passed by the Democratic Party will further reduce the prosecution's investigative authority from next month on the 10th, limiting it to two major crimes: corruption and economic crimes.

The Ministry of Justice has filed a constitutional dispute with the Constitutional Court, arguing that the revised Prosecutors' Office Act and Criminal Procedure Act, passed by the National Assembly, infringed on opposition lawmakers' rights to review and vote and the constitutionally guaranteed investigative powers of prosecutors. However, experts predict that even if the Constitutional Court acknowledges procedural flaws in the legislative process, it is unlikely to declare the law itself unconstitutional based on precedent.

Ultimately, until the National Assembly revises the law again, Minister of Justice Han Dong-hoon must assert the prosecution's presence with somewhat expanded investigative powers through the revised presidential decree he announced for public comment. During his tenure as acting Prosecutor General, Lee already established a voice phishing task force at the Seoul Eastern District Prosecutors' Office and ordered strict crackdowns on charter fraud, financial crimes, and drug offenses nationwide. Establishing a responsible investigation system with the police through a joint investigation council and resolving conflicts over investigative authority with the Corruption Investigation Office for High-ranking Officials are also challenges he must address.

The most important issue is securing the prosecution's political neutrality and independence. Lee will assume the top prosecutorial position in a completely different environment from the previous administration, which was at odds with the Blue House and Ministry of Justice that set the direction of prosecutorial reform by reducing prosecutorial powers.

Since both the President and the Minister of Justice are former prosecutors, and Lee is classified as part of the so-called 'Yoon line' due to his multiple collaborations with President Yoon Seok-yeol during their prosecutorial careers, the possibility of political neutrality controversies arising during investigations is higher than ever. This is also why investigations related to First Lady Kim Geon-hee, which the prosecution has yet to conclude, are particularly noteworthy.

When asked by reporters about the reason for his nomination the day before, Lee responded, "I think it is to thoroughly protect the basic rights of the people and to lead the prosecution fairly," which appears to be a response considering concerns from political and legal circles.

Lee's nomination has dispelled controversies such as Minister Han's 'bypassing the Prosecutor General' personnel decisions. However, concerns remain unavoidable regarding political neutrality controversies arising from appointing a Prosecutor General from the President's faction and the organizational rejuvenation resulting from appointing a Prosecutor General seven classes junior in the Judicial Research and Training Institute compared to his predecessor.

At the upcoming confirmation hearing, opposition lawmakers, who view Minister Han's revised enforcement decree as an infringement on the National Assembly's legislative authority that nullifies the Geomsu Wanbak law, are expected to launch sharper attacks than ever. Criticism from the opposition regarding investigations into cases related to the previous administration and the President's close associates will continue, and with allegations of Lee leaking investigation secrets raised the day before, a difficult confirmation hearing is anticipated.