"Protecting Citizens' Fundamental Rights and Responding to Crimes Affecting Livelihood" as Top Priority
"In Accordance with the Delegation Purpose of the Prosecutor's Uniform Enforcement Decree Law"
Investigation of Representative Lee Jae-myung "Fair Investigation Based Solely on Evidence and Legal Principles"
[Asia Economy, Reporter Choi Seok-jin, Legal Affairs Specialist] The National Assembly confirmation hearing for Lee Won-seok, the nominee for Prosecutor General, is just one day away.
Amidst the intense political struggle between the ruling and opposition parties over prosecutorial investigative authority, triggered by the Yoon Seok-yeol administration's revision of the enforcement decree to restore prosecutorial investigative powers ('Geomsuwonbok') in response to the Democratic Party's 'Geomsuwanbak' legislation, it has been revealed that the prosecution has requested Lee Jae-myung, the Democratic Party leader who is under investigation for multiple charges, to appear on the 6th. This development suggests a challenging confirmation hearing ahead.
Written Questions: Democratic Party’s Kwon In-sook, Park Joo-min, Kim Eui-gyeom, and People Power Party’s Jeong Jeom-sik Asked the Most
According to the written responses submitted by the nominee to the National Assembly’s Legislation and Judiciary Committee on the 4th, the lawmaker who asked the most written questions was Kwon In-sook of the Democratic Party.
Among the ruling and opposition members of the Judiciary Committee, Kwon asked the highest number of 197 questions, including inquiries related to President Yoon Seok-yeol such as ▲views on the disciplinary action against former Prosecutor General Yoon Seok-yeol ▲opinions on the president’s past remarks ▲allegations of bribery involving President Yoon ▲measures to win cases related to the president’s mother-in-law ▲unauthorized accompaniment of civilians at official state events ▲plans and reasons for investigations into the Geonjin Buddhist group, among others.
Additionally, Kwon asked several questions about the personal relationship between President Yoon and First Lady Kim Keon-hee, including ▲friendship with President Yoon ▲the day they first met ▲whether they have met ▲whether they have communicated by phone ▲family gatherings with President Yoon ▲evaluation of President Yoon’s performance ▲relationship with Kim Keon-hee ▲phone calls with Kim Keon-hee during the nominee’s time as a prosecutor ▲phone calls with Kim Keon-hee during the nominee’s acting Prosecutor General period ▲whether Kim Keon-hee gave instructions during the nominee’s time as a prosecutor or acting Prosecutor General.
In response to Kwon’s question about 'personal friendship with President Yoon Seok-yeol,' the nominee replied, "I have no personal ties with the president; our relationship is solely professional." Regarding 'personal communication such as phone calls with President Yoon,' he answered, "Please understand that I am unable to disclose this information as it may infringe on the privacy and freedom of the individual involved."
When asked about 'personal ties between First Lady Kim Keon-hee and the nominee or the nominee’s family,' he responded, "I have no personal relationship with First Lady Kim Keon-hee."
Kwon also devoted many questions to the nominee’s relationship with Minister of Justice Han Dong-hoon. The nominee answered Kwon’s question about 'personal friendship with Minister Han Dong-hoon' by stating, "Other than being classmates at the Judicial Research and Training Institute, there is no personal relationship."
Kwon asked if the nominee had any overseas golf trips in the past 10 years, to which the nominee replied, "I do not play golf at all."
The next lawmakers who asked the most written questions were Park Joo-min (128 questions) and Kim Eui-gyeom (119 questions), both from the same party.
Jeong Jeom-sik of the People Power Party, who serves as the ruling party’s Judiciary Committee whip, asked 96 questions, more than the opposition whip Ki Dong-min of the Democratic Party (87 questions), ranking fourth in the total number of questions asked among all Judiciary Committee members.
Many Overlapping Questions on Geomsuwanbak Law and Geomsuwonbok Enforcement Decree... Inquiries Also on Children’s Apartment Shares and Ssangbangwool Investigation Leak
Most lawmakers from both parties asked the nominee about his opinions on the Geomsuwanbak law, the revision of the Prosecutors’ Office Act enforcement decree, and his relationship with the Minister of Justice.
The nominee stated regarding the Geomsuwanbak law (amended Prosecutors’ Office Act and Criminal Procedure Act), "I believe there are procedural and substantive issues with the amendments to the Prosecutors’ Office Act, which have led to a constitutional dispute being filed." He added, "Since the constitutional dispute is currently ongoing at the Constitutional Court, I will respect the court’s future decision."
In response to Judiciary Committee Chairman Kim Do-eup’s question asking for detailed concerns about the implementation of the Geomsuwanbak law, he said, "According to the amended Criminal Procedure Act, the complainant’s right to object has been removed, making it impossible to exercise the legally stipulated rights of appeal and reconsideration." He continued, "As a result, there is a risk that the procedural rights of citizens, especially in cases involving crimes against socially vulnerable groups such as persons with disabilities, whistleblowing, and public interest reports, may be infringed."
He also stated, "For decades, prosecutors have investigated and prosecuted crimes involving public officials, elections, defense projects, and major disasters with expertise. These crimes directly affect the life, body, and safety of the people." He added, "If such crimes cannot be investigated due to loopholes in the national criminal justice system, it would result in a failure to adequately protect the fundamental rights of the people."
In response to Ki Dong-min’s question about 'investigation reports to the Minister of Justice,' the nominee answered, "'According to the Prosecutorial Reporting Rules,' cases subject to reporting, such as crimes committed by high-ranking officials, are reported to the Supreme Prosecutors’ Office and the Ministry of Justice in the form of 'prosecutorial work reports' from each level of prosecution offices."
Regarding the revision of the enforcement decree made ahead of the Geomsuwanbak law’s implementation, he said, "I believe the enforcement decree was revised within the scope delegated by law to protect citizens’ fundamental rights and respond to crimes before the amended law takes effect on September 10."
On the interpretation of 'important crimes, etc.' in Article 4, Paragraph 1, Subparagraph 1, Item (a) of the amended Prosecutors’ Office Act, Ki Dong-min asked whether it should be interpreted restrictively or exhaustively. The nominee replied, "Considering the wording of the law and the legislative history, I believe it is illustrative." This means that the law intends to allow prosecutors to add other types of crimes beyond corruption and economic crimes to the list of crimes they can investigate through presidential decrees.
When asked about his view on the abolition of the Minister of Justice’s investigative directive authority, he answered, "If necessary for the protection of citizens’ fundamental rights and the political neutrality of the prosecution, the abolition of the Minister of Justice’s directive authority over specific cases can be positively considered."
In response to Kim Nam-guk’s question about the prosecution’s protection of its own members in cases such as the 990,000 won non-prosecution set and the former Vice Minister of Justice Kim Hak-ui case, the nominee said, "I am well aware of the public’s criticism and reproach regarding these cases, and I will ensure that such concerns do not arise in the future." However, when asked whether he would apologize as the Prosecutor General representing the prosecution regarding the Lime cocktail bribery case involving prosecutors, he avoided a direct answer.
Regarding the question about the revival of the Minister of Justice’s prosecutorial tea time, the nominee said, "The public’s right to know, freedom of the press, and human rights protection during investigations are all values that must be upheld." He added, "While making press briefings difficult and complicated can make investigations easier for the prosecution, allowing a certain level of press coverage enables the media to represent public opinion and provide checks and balances, which encourages more cautious and restrained investigations. I will operate the system with utmost care to balance these two values."
On the question about the lower age limit for criminal minors, he said, "I understand there are various opinions regarding lowering the age of criminal responsibility, and I expect a reasonable conclusion will be reached through social discussion." He added, "For juvenile offenders, guidance and rehabilitation should be the policy focus, but strict measures are necessary for serious crimes committed by juveniles beyond socially acceptable levels."
In response to Democratic Party lawmaker Park Beom-gye’s question about the complete separation of prosecutorial investigative and prosecutorial powers, the nominee clearly stated, "Investigation is a preparatory activity for prosecutors to decide whether to prosecute, and since investigation and prosecution are in a means-to-an-end relationship, they cannot be separated."
He added, "Since the new system was scheduled to be implemented again before the system established after the 2021 investigative authority adjustment could settle in practice, it is a priority to maintain the state’s crime response capabilities and alleviate public inconvenience amid great confusion among investigative agencies and the public."
Regarding inquiries from Park Beom-gye and Park Joo-min about the acquisition of shares in Ssangyong Yega Apartments in Dongjak-gu, Seoul, by the nominee’s children, he replied, "The nominee, spouse, and children jointly received land from the nominee’s mother-in-law, who owned property in the area, and when the apartment was built on that land, the nominee’s family purchased and co-owned the apartments." He added, "All related taxes, including gift tax, were paid at the time of the gift."
Democratic Party lawmaker Choi Kang-wook asked about the nominee’s plans and aspirations as Prosecutor General, while People Power Party lawmaker Yoo Sang-beom asked about the top priority tasks he wishes to pursue as Prosecutor General.
In response, the nominee said, "I believe the reason for the prosecution’s existence is to protect citizens’ fundamental rights such as life, body, safety, and property, thereby maintaining and developing the community." He added, "I will focus the prosecution’s capabilities on protecting citizens’ fundamental rights and responding to crimes that harm public livelihood."
When asked by Choi Kang-wook about the most important criteria for prosecutorial personnel decisions, he answered, "Efforts to protect citizens’ fundamental rights, just and fair law enforcement, humility and willingness to listen, competence, and integrity are the most important criteria."
Regarding the recent controversy over the leak of investigation secrets related to the Ssangbangwool Group, Jeong Jeom-sik asked for the nominee’s position. The nominee replied, "From the moment the misconduct was recognized, we conducted swift and intensive investigations, including arresting investigators who leaked investigation secrets." He added, "I regret the internal misconduct within the prosecution and will continue to respond strictly to crimes and misconduct within the organization to prevent recurrence."
However, when asked about Ssangbangwool’s escape and organized evidence destruction, the nominee said, "Please understand that I am unable to provide specific answers regarding ongoing investigations." He added, "However, matters revealed during the investigation will be handled strictly," without providing detailed answers.
When Jeong asked about the number and details of investigations related to Lee Jae-myung, the Democratic Party leader, the nominee avoided a direct answer, saying, "Since the investigations are ongoing, I ask for your understanding that I cannot provide specific answers." However, regarding the progress of investigations related to Lee Jae-myung, he gave a general response: "I will conduct fair investigations and handle matters solely based on evidence and legal principles."
Meanwhile, the nominee was reserved in answering questions related to other investigative agencies such as the police and the Corruption Investigation Office for High-ranking Officials (CIO).
When Yoo Sang-beom asked about his view on the difference in investigative capabilities between the police and the prosecution, the nominee replied, "As a public office nominee, it is not appropriate to express opinions about other agencies, so I ask for your understanding," avoiding a direct answer.
He gave the same response when asked about his position on the CIO’s communication inquiries and illegal searches by Yoo.
However, when Jeong Jeom-sik asked about the relationship between the prosecution and the CIO, the nominee gave a general answer: "As investigative agencies, it is desirable to faithfully perform their respective duties and cooperate with each other to protect citizens’ fundamental rights."
Regarding the recently approved audit request on the linkage between the CIO and other criminal justice agencies’ criminal justice information systems, Jeong asked for his view. The nominee replied, "Since receiving the CIO’s request for linkage of criminal justice information systems, we have been sincerely negotiating, but due to the nature of inter-agency information linkage work, I understand that review and consultation have taken some time."
He added, "On January 28 of this year, the prosecution agreed with the CIO, courts, Ministry of Justice, National Police Agency, and Coast Guard to build the CIO KICS system through external linkage, and we will cooperate closely according to this agreement. We will also sincerely participate in the Board of Audit and Inspection’s audit in respect of the National Assembly’s resolution."
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