"Need to Reconsider the Revival of Investigation Command Rights and Complete Prosecution Reform" - Interview with Former Prosecutor General Kim Osu

"Prosecution Must Not Become a Trophy for Political Struggles"
Support for Prosecutor General Lee Won-seok's Remarks
Must Work Focusing Only on the People

"In 2022, I opposed the unilateral reform process known as 'Geomsu Wanbak' (the bill promotion) without sufficient consultation, risking my position as Prosecutor General, and eventually retired. I left the remaining tasks to my juniors and history, but the two years after retirement were not easy."

When asked about his life after retirement, former Prosecutor General Kim Osu replied, "I spent one year with regrets and worries, and then spent a meaningful year conducting research and lectures as a research chair professor at Chonnam National University."

[Image source=Beomryul Newspaper]

Former Prosecutor General Kim served as the last Prosecutor General under the Moon Jae-in administration. He took office in 2021, near the end of President Moon's term, bearing the stigma of being a 'shielded prosecutor general,' but stepped down the following year after striving to block the 'Geomsu Wanbak' bill promoted by the Moon administration.

When asked about his thoughts at the time, he revealed, "It was the first criminal justice reform in 70 years since the establishment of the government, and the sudden progress of the reform was difficult for not only me but also the prosecution and the public to agree upon." He added, "I opposed it on behalf of the prosecution members, and some parts were accepted, such as supplementary investigations and maintaining direct investigations into corruption and economic crimes. However, the fact that it was pushed forward unilaterally without sufficient consideration or consultation left many regrets and tasks."

With the opposition party announcing 'Geomsu Wanbak Season 2,' former Prosecutor General Kim emphasized the need to reconsider the criminal justice system centered on 'public interest.' He advised, "Even now, it is necessary to revisit issues such as the revival of investigation supervision so that investigations can be conducted swiftly, fairly, and responsibly."

Returning to Seocho-dong as a 'lawyer,' former Prosecutor General Kim said, "I feel excited and nervous about starting anew." The reason he chose to become a lawyer after giving up a stable law school professorship is precisely because of the 'field.' He explained, "As a legal expert, I chose the path of a lawyer because I wanted to work actively in the field based on my long experience and expertise."

From this month, Kim joined Jungang N Nambu Law Office as the lead attorney. He reunited with lead attorney Lee Jeongsu, who served as the head of the Seoul Central District Prosecutors' Office during his tenure as Prosecutor General. As a lawyer, Kim expressed his determination, saying, "Many people are in difficult and challenging situations, and I will strive to be a 'warm lawyer' who listens to the voices of the wronged."

Below is the Q&A.

- How do you feel about returning to work as a lawyer?

= First, I deeply appreciate the interest and encouragement shown to me. I initially opened my law practice in September 2020, and after two years since stepping down as Prosecutor General, I am returning to legal work. Although this is not my first time as a lawyer, I feel excited and nervous about starting anew.

- Recently, the prosecution has been attacked over political neutrality, creating a confusing atmosphere.

= In a politically polarized situation, maintaining political neutrality in the prosecution is essential not only for the prosecution's trust but also for national development. Unfortunately, the prosecution has become embroiled in political turmoil, and watching this is painful and frustrating for me. Nevertheless, I believe the prosecution members will overcome this difficult situation by focusing on the 'people' and performing their duties centered on the 'people.'

- As a senior former Prosecutor General, what message would you like to convey to Prosecutor General Lee Wonseok?

= I sympathize with the current Prosecutor General's statement that the criminal justice system should not become a trophy for political strife and actively support and encourage him. The Prosecutor General is appointed by the president after a National Assembly confirmation hearing but performs duties based on 'public trust.' The most important responsibility of the Prosecutor General is to block political winds and pressures and ensure prosecutors and investigators perform their duties according to law and principles. It is a lonely and difficult path, but I believe he will do his best for our history, the people, and the prosecution organization.

- How was the situation when the so-called Geomsu Wanbak bill passed in 2022?

= In 2022, during the second phase of prosecution reform, I opposed the bill by risking my position as Prosecutor General and eventually retired. Criminal justice is the foundation of the state and people's lives. It was the first criminal justice reform in 70 years since the establishment of the government. The sudden progress of the Geomsu Wanbak reform was difficult for not only me but also the prosecution and the public to agree upon. Therefore, I opposed it on behalf of the prosecution members.

- There is talk of Geomsu Wanbak Season 2. What would you like to say to your junior prosecutors?

= The political circles may push for the so-called Geomsu Wanbak Season 2, but ultimately, the prosecution members must trust and rely on the 'people.' It will be a difficult and challenging situation, but it is very important to faithfully perform assigned duties based on law and principles under the leadership of the Prosecutor General and earn the trust of the people. Also, the prosecution should deeply reflect on how the public perceived the prosecution's image.

- How was your life as an educator?

= While serving as the head of the Judicial Research and Training Institute and Deputy Minister of Justice, I had great interest in law schools. I was concerned about the education reality concentrated in Seoul and thought a lot about revitalizing law school education in the provinces. Then, I had the opportunity to work as a research chair professor at Chonnam National University.

- What lectures did you give?

= The lecture topic was 'Understanding Criminal Justice,' combining practice and research. I felt special pride and fulfillment in conveying various practical experiences from my time as a prosecutor to junior legal professionals.

- Why did you choose to become a lawyer again?

= I chose the path of a lawyer because I wanted to work actively in the field based on my long experience and expertise as a legal expert. I also referred to the fact that most former Prosecutor Generals opened law practices after a considerable period.

- What are your plans as a lawyer?

= I intend to devote myself mainly to advice and consultation on criminal policy and human rights, cutting-edge industries such as bio and information communication, corporate and finance, and general criminal justice.

- Why did you join Jungang N Nambu Law Office?

= Actually, I tried to return to the law firm (Hwahyeon) where I previously worked, but it was not accepted by the Public Officials Ethics Committee. It was a difficult situation, but I gladly decided to join after receiving an offer from lead attorney Lee Jeongsu of Jungang N Nambu. I think it was a good decision.

- You will be working with Prosecutor General Lee Jeongsu, who served as head of the Seoul Central District Prosecutors' Office, and other junior prosecutors.

= The lawyers at Jungang N Nambu have exceptional character, skills, and experience. They are respected and trusted in the legal community. I expect great synergy effects when combining their capabilities with my experience and expertise.

- What kind of law firm do you plan to build?

= Jungang N Nambu will continue to uphold 'principles' as lawyers and compete solely based on 'capability.' Also, lead attorneys will personally consult and do their best beside clients. We will strive to provide the best legal services widely from Seoul to the southern regions.

Reporter Lim Hyunkyung, Legal Newspaper

※This article is based on content supplied by Law Times.