The Democratic Party of Korea announced on the 28th that it will report an impeachment motion against Lee Chang-soo, Chief Prosecutor of the Seoul Central District Prosecutors' Office, Cho Sang-won, 4th Deputy Chief Prosecutor, and Choi Jae-hoon, Head of the Anti-Corruption Investigation Division 2, to the plenary session of the National Assembly, and plans to hold a vote the following day, on the grounds that they led the decision not to prosecute in the Deutsche Motors stock manipulation case involving First Lady Kim Keon-hee, wife of President Yoon Suk-yeol.
If the impeachment motion is passed in the plenary session, it will lead to an unprecedented vacancy in the position of Chief Prosecutor of the Seoul Central District Prosecutors' Office. While there have been times when the Prosecutor General position was vacant, the Chief Prosecutor of the Central District Prosecutors' Office has never been vacant before. If the Chief Prosecutor's duties are suspended, the acting duties will be taken over by Park Seung-hwan, 1st Deputy Chief Prosecutor. However, some have suggested that due to the heavy caseload, the Seoul High Prosecutors' Office Chief or others might act as the interim head.
In the legal community, it is considered unlikely that the Ministry of Justice will make personnel changes to fill the vacancy of the Chief Prosecutor of the Central District Prosecutors' Office after the impeachment motion passes. This is because it could set a precedent of replacing a chief prosecutor under pressure from the opposition. A former chief prosecutor turned lawyer, who requested anonymity, said, "If personnel changes are made because of the impeachment motion, it risks giving the impression that the prosecution is yielding to political pressure from the opposition."
Concerns have already been raised inside and outside the prosecution that if the acting system is prolonged, it will disrupt the operation of the prosecution organization and major investigations. Deputy Chief Prosecutor Cho Sang-won, included in the impeachment list, said to reporters on the 21st, "If prosecutors are impeached just because they investigated cases, how can any prosecutor value their duties and work with conviction?" He added, "The Seoul Central District Prosecutors' Office not only makes daily decisions but also houses key departments. If the chief prosecutor, deputy chief, and division chiefs are suspended, a significant part of the work will be paralyzed."
A senior prosecution official also said, "Although the Seoul Central District Prosecutors' Office can be operated by an acting chief, the duties of the chief prosecutor will inevitably be dispersed. Compared to when the chief prosecutor is present, work efficiency will significantly decline."
The Democratic Party's push for impeachment is interpreted as an attempt to expose the inadequacies of the prosecution's investigation into the Deutsche Motors case involving First Lady Kim. Kang Yoo-jung, the Democratic Party's floor spokesperson, stated on the 20th, "We will definitely impeach the accomplices who gave a clean slate to First Lady Kim Keon-hee through a sloppy investigation without a single search and seizure, including Lee Chang-soo, Chief Prosecutor of the Central District Prosecutors' Office, and Choi Jae-hoon, Head Prosecutor."
However, there are political burdens as well. Since the impeachment is being pushed shortly after Democratic Party leader Lee Jae-myung was sentenced to imprisonment in the first trial for violating the Public Official Election Act, there are criticisms that it is a 'shield impeachment.' Moreover, Choi Jae-hoon, the head prosecutor, is also responsible for investigating allegations of money envelope bribery at the Democratic Party's party convention, which adds to the controversy.
Within the Democratic Party, there are reactions that the repeated impeachment motions against prosecutors are crossing the line. A Democratic Party office official who requested anonymity said, "There is an internal opinion that it is unreasonable to file impeachment motions against prosecutors, given that the Constitutional Court has already dismissed such cases before."
Previously, the Constitutional Court dismissed impeachment motions against prosecutors Ahn Dong-wan in May and Lee Jung-seop in August. Nevertheless, the Democratic Party also filed impeachment motions in July against prosecutors Kang Baek-shin, Kim Young-chul, Park Sa-yong, and Eom Hee-jun. Regarding prosecutor Kim Young-chul, who was impeached over allegations of witness tampering involving Jang Si-ho, the Corruption Investigation Office for High-ranking Officials cleared him of charges on the 20th.
Whether the Democratic Party will actually push forward with the impeachment motion is expected to depend on the verdict of the first trial on the 25th regarding the perjury charge against leader Lee. Some analysts say that if the verdict on the 25th leads to a large-scale outdoor protest with the Democratic Party's support base rallying, they may avoid taking the risk of a backlash by pushing the impeachment motion against the Chief Prosecutor of the Seoul Central District Prosecutors' Office.
A senior judge said, "If performing duties according to one's role is grounds for impeachment, then no public official would be able to perform their duties." A lawyer who is a former deputy chief prosecutor said, "Even if an impeachment motion is filed, legally, it is a matter that cannot result in impeachment."
Lim Hyun-kyung, Legal Times Reporter
※This article is based on content supplied by Law Times.
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