"Abuse of Authority and Defamation... Possibility of False Accusation"
Prosecutor General Lee Won-seok responded on the 5th to the Democratic Party of Korea's impeachment proposal against prosecutors investigating the illegal remittance to North Korea case involving party leader Lee Jae-myung, calling it "an unconstitutional and illegal shield impeachment aimed solely at protecting one person," and stated, "Those who commit crimes must be punished without fail; we will uphold the principle of mandatory punishment (必罰)."
On the morning of the same day, Lee made these remarks in response to reporters' questions about how to respond to the Democratic Party's push for the impeachment of four prosecutors as he headed to work.
He said, "If prosecutors are impeached just because they investigated and tried those in power, then there is no rule of law or democracy for us," adding, "The Democratic Party's impeachment violates the Constitution and laws, and it is an act of retaliation and pressure against prosecutors and the courts."
He continued, "Moreover, it obstructs the judiciary, disrupts procedures, and delays them, all to protect one person through a shield impeachment."
Lee stated, "The prosecution will first continue to conduct investigations and trials strictly based on evidence and legal principles as we have done so far, upholding the principle that those who commit crimes must be punished without fail. Secondly, if the impeachment is formally proposed and an impeachment trial is held at the Constitutional Court, we will clarify through the trial that there are no grounds for impeaching the prosecutors and that this impeachment is unconstitutional, illegal, retaliatory, shield-like, and obstructive to the judiciary."
He also said, "The Democratic Party's impeachment proposal violates the Constitution and laws, abuses legislative power to impose duties on others without obligation, and interferes with rights. As a legal professional, I consider this an abuse of authority. There are also legal opinions that it constitutes defamation by stating false facts, disciplinary offenses, and possibly even false accusation."
However, he noted, "Only members of the National Assembly have the privilege of immunity. Since statements made in the National Assembly, legislative activities, and the activities of lawmakers are protected by immunity, this will also be taken into consideration. However, if there are parts that exceed the scope of immunity, we will legally review those illegal parts."
Lee interpreted the Democratic Party's decision not to immediately pass the impeachment proposal against the prosecutors but to first summon them for investigation by the National Assembly as evidence that this impeachment is politically motivated.
When asked how he would respond to the National Assembly's summons for prosecutors, he said, "If they were confident, proud, and upright about the impeachment proposal, wouldn't they have immediately passed it in the National Assembly and sent it to the Constitutional Court? I don't think there is any lawmaker within the Democratic Party who believes this impeachment will be upheld by the Constitutional Court."
Regarding criticism that the prosecution's response is political, Lee said, "Prosecutors come to the prosecution office to work. We stand here to work with the people's hard-earned tax money. If prosecutors are suspended from their duties through impeachment proposals and prevented from conducting investigations and trials, can we just stand by and do nothing?"
He added, "I am speaking out about the unconstitutionality, illegality, and unfairness of this impeachment to properly carry out our work. Being told not to speak, to shut up, to remain silent, to stay still?this cannot happen in a democratic society governed by the rule of law."
When asked about his position, he replied, "The reason I remain here even for one more day and fulfill my term is not for my personal safety but to properly carry out my duties at the prosecution. Until the day I retire, I will focus solely on doing my job properly."
On the 2nd, when the Democratic Party proposed the impeachment against the prosecutors, Lee strongly criticized it, saying, "The Democratic Party's impeachment of prosecutors is like moving the courtroom of the judiciary to the National Assembly, with Lee Jae-myung as the presiding judge and Democratic Party lawmakers and the party themselves conducting the trial again."
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