[Full Text] Kim Moon-soo, Minister of Employment and Labor, "The Corruption Investigation Office must be abolished, the Constitutional Court is also problematic"

Press Briefing Held at Sejong Government Complex

Employment and Labor Minister Kim Moon-soo held a meeting with the press corps at the Government Complex Sejong on the 10th. Minister Kim spoke for over an hour, sharing his thoughts on political and policy issues. Regarding the High-ranking Officials’ Crime Investigation Agency (HOCI), he repeatedly questioned its legitimacy and advocated for its abolition. He also expressed the need for President Yoon Seok-yeol’s reinstatement. He conveyed his belief that promoting a semiconductor special law, including exemption from the 52-hour workweek for semiconductor research and development (R&D), would revive the Korean economy. On the topics of retirement age extension and continuous employment, he mentioned that youth employment should take precedence over extending the retirement age for current employees.

Kim Moon-soo, Minister of Employment and Labor, is answering questions related to current issues with the press corps at the Government Complex Sejong on the 10th. Photo by Ministry of Employment and Labor

The following are Minister Kim’s remarks and the Q&A session with reporters.

Our President’s release makes me very happy. Especially for those who have been to prison, you all know that prison means no freedom. Isn’t it called a freedom sentence or bodily punishment? When freedom is absent, you realize how uncomfortable it is. The President himself felt this this time. He had only been a prosecutor and had put others behind bars, but this was his first time being imprisoned. He learned a lot. The President said he learned a lot, and I think those words carry very diverse and profound meanings. Those who have not experienced it cannot truly understand freedom.

When I was imprisoned, I found myself envying mosquitoes. Mosquitoes can fly back and forth outside the iron bars. Flies too. They can fly over prison walls, but when you’re locked up, you can’t do that, which is very uncomfortable and frustrating. Sometimes I thought about becoming a mosquito or a fly to get outside, but I couldn’t. That thought kept coming back to me. Freedom is precious. Our President was elected by the entire nation as the President of the Republic of Korea, yet the HOCI misapplied the law and detained him for 52 days before releasing him. This indicates serious problems in our country’s judicial system.

Especially, I opposed the creation of the HOCI from the start. When the HOCI was being established, the current People Power Party held a rally inside the National Assembly. I also attended, and because the dispersal was delayed, I was fined. The verdict was finalized. I lost the first trial and didn’t appeal due to lack of lawyer fees, so it became final.

I believe the HOCI should be abolished. There are too many problems with it. Rather than the positive roles the HOCI might have, it causes confusion in the judicial system and among criminal investigation agencies such as the prosecution, police, HOCI, and National Intelligence Service. During this confusion, the President was detained beyond the legal time limit, over nine hours, and was eventually released. This process was very wrong. Various judicial agencies responsible for criminal roles must primarily protect personal liberty.

In the past, magistrates could imprison and torture at will without time limits. Modern law protects personal liberty. Detention must be very cautious and procedurally strict. The strictness of time, methods, and procedures in criminal cases is a core element of protecting personal liberty. If criminal investigators, prosecutors, or labor inspectors use violence, torture, coercion, or inducement to extract false confessions, they commit abuse of authority and face severe punishment. This is the fundamental principle of modern law. The fact that the HOCI committed such illegal acts against the President is not a trivial matter. This problem was anticipated from the beginning.

Currently, there is the prosecution and police, and labor inspectors operate under the prosecution’s direction. Labor inspectors investigate violations of labor standards law under the prosecutor’s command, then prosecute and try cases. But the HOCI was created separately. Although the HOCI has no authority to investigate treason, which is solely under the police’s jurisdiction as adjusted during former President Moon Jae-in’s administration, the HOCI received transfers and conducted investigations, exceeding detention time limits. Exceeding detention time automatically requires release, but they did not comply. This shows the HOCI problem is very serious.

Recently, regarding the Constitutional Court, former President Park Geun-hye was impeached and removed by an 8-0 ruling. Now President Yoon Seok-yeol is also undergoing a trial at the Constitutional Court. The constitutional justices, who were appointed by the people, are trying to remove the President by an 8-0 vote. Why 8-0? Because they base it on the claim that President Yoon declared martial law. Whether it is treason or not is a matter for criminal courts, not the Constitutional Court. The Constitutional Court is not the body to judge treason. The criminal court should decide that. Yet impeachment was based on treason, as we all remember and reported. Then, was the martial law itself illegal? Was the President’s declaration of martial law unconstitutional or within presidential authority? Whether it was justified or excessive can be judged. In this regard, I still vividly recall the voice of Lee Jung-mi, then acting Chief Justice of the Constitutional Court, who removed Park Geun-hye by impeachment. She questioned whether Park Geun-hye’s wrongdoing was severe enough to warrant removal and whether Choi Soon-sil was truly at fault. Various problems have arisen.

However, President Yoon has no bribery charges or secret influence like Choi Soon-sil. There was no fundraising like K-Sports or Mir Foundation. Declaring martial law itself is not grounds for removal. These matters require very careful review. Yet the Constitutional Court is repeatedly subjecting the President to such processes, as with Park Geun-hye and now Yoon Seok-yeol. This raises questions about whether the Constitutional Court is functioning properly.

So, the Constitutional Court argues that treason is not subject to review or whether the martial law declaration violates the Constitution is the issue. They are disputing this. One problematic aspect is that two justices are retiring on April 18, so they want to finish the trial quickly before then. They say the trial must end before their retirement. But no court trial, even for ordinary criminals or violent offenders, has ever been rushed because a judge is about to resign. I have never heard of such a thing. Except for presidential constitutional trials, this is unheard of. This is a political trial, not a legitimate constitutional trial based on law. It is a trial influenced by public opinion, not by law or the Constitution.

In that regard, I believe the Constitutional Court should set a more reasonable schedule, reduce witness examinations, prohibit the President, who is the defendant, from questioning witnesses through his lawyers, and not unilaterally set the schedule twice a week without considering the President’s opinions. Such a rushed trial scheduled before their retirement severely damages the fairness of our judicial system. This must be corrected. I hope our President can return to duty through a fair trial.

First, the President was detained and then released while in office, the only such case in the 48 years since the Republic of Korea’s founding on August 15, 1948. Second, although former President Park Geun-hye was removed by the Constitutional Court, President Yoon is awaiting the Constitutional Court’s ruling. I hope he receives a fair trial and returns to office.

[Q&A]

―Minister, you posted on Facebook that President Yoon’s impeachment trial should resume, and some argue that Justice Ma Eun-hyuk should be appointed. What do you think?

▲Justice Ma Eun-hyuk is someone I know well. I served 2 years and 6 months in prison with him in the Seoul Labor Movement Union. People like Sim Sang-jung, Park No-hae, Baek Tae-woong were involved in the Cheonggye Clothing Workers’ Union. That was the Guro Union. In Incheon, there was the People’s Labor Union, with leaders like Roh Hoe-chan, Ma Eun-hyuk, and recently Ju Dae-wan. Back then, they were all Marxist-Leninists. The People’s Labor Union openly declared socialist labor movement and published its organ. Seoul’s union newspaper did not openly use the term socialism, but Incheon openly declared socialism and operated as such. Ma Eun-hyuk was a core leader there. Many student activists shared similar views. The mainstream was like that. Has his thinking changed? He has never said so.

The Constitutional Court is currently ideologically biased. But trials should be conducted based on law, the Constitution, and judges’ conscience, as stated in our Constitution. Judges should act accordingly. If people who openly held Marxist, Leninist, Maoist, or Kim Il-sungist ideologies continue to serve as justices without declaring a change in their views, it is very dangerous in my opinion.

I am not the one appointing, but the acting authority holds the power. In cabinet meetings, we said that the acting acting authority is Deputy Prime Minister Choi Sang-mok. Prime Minister Han Duck-soo, who is the acting President, may soon return. The President will return before April 18, when the justices retire. Whether he returns or not, we should wait and see. It is not right for the acting acting authority to rush and appoint the controversial Justice Ma Eun-hyuk.

Secondly, if Ma Eun-hyuk is appointed, the Constitutional Court will be ideologically contaminated, causing distrust and conflict in all rulings. Therefore, he should not be appointed. The President may appoint him, but it is very risky for the acting acting authority to do so. It will cause great harm even to all cabinet members not involved in the appointment. We argued this. I believe Deputy Prime Minister Choi Sang-mok will not make the appointment. I expect it will not happen.

―The job market situation is very poor. Labor market trends were announced today. I won’t ask Director Jung, but I want to hear from you, Minister. Besides job fairs and rapid execution of direct jobs in Q1, as the minister in charge of jobs, what policies are you reviewing to improve the job environment? Also, politically, you said President Yoon experienced lack of freedom and discomfort. If martial law had succeeded, people would have faced suppression of freedom and loss of press and publication freedom. What is your view on this?

▲Jobs are created by companies, not the Ministry of Employment and Labor. Why don’t companies create jobs and instead move overseas? Even Trump urged companies to come back to the U.S. Why do they go to the U.S. but not Korea? The first factor for companies to create jobs is a large and nearby market. Second, cheap labor in countries like Vietnam, Bangladesh, Indonesia is attractive. Third, technical excellence or abundant resources, like iron ore in Australia for steelmaking.

If there is abundant fish in the South Pacific, ships go there and create jobs. There are many factors. But in Korea, labor costs are very high, the domestic market is not large, and exports are high. We must export to access markets. The business environment is such that, for example, IT or AI is somewhat behind the U.S. Various factors, including the 52-hour workweek and the semiconductor special law for R&D flexibility, are not well supported, reducing domestic job creation capacity.

Potential growth is largely exhausted, and the environment to increase jobs is very difficult. How to expand it? Our ministry provides employment services to match job seekers and vacancies, but more importantly, we have signed MOUs with six economic organizations, including the Korea Employers Federation, Korea Chamber of Commerce and Industry, Korea Federation of SMEs, Korea Federation of Small and Medium Business, Korea Employers Federation, and Korea International Trade Association, to hire as many young people as possible and quickly. However, results seem poor. It was mostly photo ops.

We asked companies to conduct open competitive recruitment, especially for fresh graduates rather than experienced workers, but they don’t do it well. Companies are struggling. Banks are laying off people, construction companies are closing, Samsung stopped construction at the Pyeongtaek plant causing wage arrears. It’s complicated. Our ministry staff are working hard, but there is no sharp solution. It’s frustrating.

Second, if martial law had succeeded, the damage would have been huge. I oppose martial law itself, whether success or failure. Martial law won’t eliminate election fraud or improve things. I don’t support martial law. I would have opposed it. I don’t think election fraud or impeachment was caused by martial law. So I personally oppose martial law.

―The National Human Rights Commission recommended raising the statutory retirement age from 60 to 65. What do you think? Also, will the pilot project for Filipino domestic workers start with about 1,200 people?

▲The National Human Rights Commission recommended extending the statutory retirement age from 60 to 65 but asked not to reduce youth employment opportunities. This is a very difficult issue. It sounds good but conflicts arise. The extension of retirement age directly conflicts with youth employment. We are deeply considering this. I think youth who have never had a job are more vulnerable than workers nearing retirement. The government should prioritize the vulnerable in the labor market.

Currently, over 430,000 young people are unemployed, and the number keeps rising. We must absorb even one more young person. If we extend retirement age without other measures, young people face despair. The Human Rights Commission also recommended effective wage peak system measures, but labor unions oppose it. The Economic, Social and Labor Council has been discussing wage peak since my tenure as chairman, but progress is slow. They say they can’t do it, so it’s difficult to enforce.

I spoke with a Korean Confederation of Trade Unions (KCTU) representative on Saturday. KCTU finds it hard to make decisions due to internal organizational issues. So the Human Rights Commission’s recommendation is difficult to implement immediately. We must respond within 90 days, but we lack the capacity.

Regarding Filipino domestic workers, we decided to extend the pilot project for 100 people. The rest is under review by our officials. (Official: We evaluated the pilot project and found high satisfaction and usability, but improvements are needed, especially to reduce user costs. We are consulting related ministries and will proceed with the main project once agreements are reached.)

This is a very difficult and sensitive issue with many international relations concerns. For foreign workers, we must comply with ILO conventions, WTO rules, our Constitution, and labor standards law, and avoid discrimination based on nationality. We want to avoid any discriminatory elements. It is difficult for parents to raise children under these conditions, so the government, companies, and local governments should strengthen support policies to reduce burdens on parents.

―You mentioned meeting KCTU officials. Could you elaborate on the occasion and discussions?

▲I meet KCTU leaders often, including the chairman and various sectoral heads. The other day, I met the secretary-general who came as a representative. The representative alone cannot decide. Issues like retirement age must be expressed in the Economic, Social and Labor Council meetings. It’s a very difficult issue. We meet frequently at various events and visits. KCTU faces many difficulties regarding retirement age extension and working hours. I urge KCTU to exercise strong leadership. KCTU has limits and risks losing trust if mishandled. It’s a tough situation.

―Politically, you said the Constitutional Court justices are ideologically biased. Could you specify?

▲A representative case is Lee Jin-sook, the former Korea Communications Commission chairwoman, who was impeached in two days. What did she do wrong? The vote was 4-4. This is wrong. There should be grounds like misstatements, but she did nothing in two days. The ruling was based on preconceived notions and ideological bias, not fair law or judges’ conscience. They exposed themselves. If this group tries the President’s case, four justices who voted for Lee’s impeachment will likely vote to impeach President Yoon without consideration.

―You said you could discuss the Yellow Envelope Act if toxic clauses are removed. Could you specify which clauses are toxic? Is it the expansion of employer liability in Article 2 or the excessive limitation on damage claims in Article 3?

▲Regarding employer liability and employee status in Article 2, it has been reviewed extensively. Civil law, the Constitution, and procedural laws require consistency. The current law conflicts with these. For example, holding someone responsible without a contract is problematic. If a subcontractor worker has no contract with the main contractor but is held responsible, business becomes impossible. This harms workers. Normal contracts are needed for normal business. Holding someone responsible without a contract is excessive and causes huge economic damage. We oppose this. We want Korea to be good for business, increase jobs, and prevent people from going abroad. That is the role of public officials. It benefits both workers and employers.

―Does that mean Article 3 can be amended?

▲It should be adjusted appropriately. For example, contracted parties bear contractual responsibility, or non-contracted parties bear limited responsibility. If it’s too detached, risks increase, and companies flee. This harms workers as jobs decrease. Many jobs have moved overseas. Trump’s pressure causes more to leave. We need the power to prevent this. Amend Articles 2 and 3 of the Labor Union Act. Creating strange laws like the Yellow Envelope Act will cause more to leave.

―Did you communicate with the President after his release?

▲I did not receive or make any contact with the President.

―You said there is no sharp solution for jobs and that the Human Rights Commission’s recommendation is difficult to implement immediately. As a labor ministry reporter, I feel the agenda setting is insufficient. Could you provide higher-level points on continuous employment or jobs? Also, you said youth jobs are important. Does that mean youth jobs take priority over continuous employment?

▲Yes. Youth are vulnerable and should be prioritized. Extending retirement age halves youth job opportunities, making extension difficult.

―Then the government should announce youth job measures.

▲The question is how. The ministry does not create jobs; companies must hire youth. But companies are downsizing overall. Samsung, banks, construction are reducing staff. Graduates are flooding the market. The number of unemployed youth increased by over 20,000 compared to a month ago, totaling over 430,000.

―So the economic situation is poor, and the ministry is trying but has no sharp solution?

▲Yes. We provide digital training programs like Samsung SSAFY, which are somewhat effective. I asked to expand them. But training costs money and is complex. The Ministry of Science and ICT also runs software training, which is good. Young people from arts and sports train in software development. We signed agreements to expand this. But funding is needed.

Today, an AI professor from Sungkyunkwan University in Suwon gave a lecture. We want to expand such programs with Samsung or others to improve employment. But these efforts are minimal compared to the 430,000 unemployed youth. It’s embarrassing to boast about these programs. We guide and incentivize tens of thousands, but actual employment results are limited. The economic situation is very bad this year. I urge companies not to lay off workers, to hire more, and to recruit fresh graduates rather than only experienced workers. But the effect is limited. It’s frustrating. Our young people are excellent in every way, but without jobs, progress is impossible. Many go abroad. Overseas, Korea’s starting salaries are higher than Japan’s, so it’s hard to maintain domestic wage levels abroad. Entrepreneurship is another option. I am working to expand university startup centers with capable professors. But universities are struggling financially, with some professors saying university facilities are worse than kindergartens.

―You have talked a lot about expanding the Labor Standards Act to workplaces with fewer than five employees and wage arrears since your appointment. How is progress on applying the Labor Standards Act to workplaces with fewer than five employees? The ruling party held a meeting at a sewing factory in Changsin-dong led by Representative Im I-ja. Since you first raised this issue, what discussions are ongoing? Also, how do you evaluate the government’s efforts on wage arrears?

For workplaces with fewer than five employees, we are conducting research and surveys. First, we survey how many such workplaces exist, their employment numbers, wage levels, and working conditions. For example, whether they provide holidays or annual leave, and if they pay 150% for holiday work. Many do not, but some do voluntarily. There are decent workplaces among small businesses. We cannot do a full census but sample restaurants, beauty salons, bakeries, coffee shops, manufacturing, and retail to classify by region. When applying minimum wage and labor standards, we estimate wage increases and potential closures. We expect closures to increase if applied fully to workplaces with fewer than five employees. Therefore, we propose phased application: only four national holidays off in the first year, limited annual leave, then gradually expanding. We are uncertain how workers and employers will react. The economy is tough; many stores like Homeplus are closing. It’s not easy.

Some suggest government subsidies to cover additional costs for small employers. But government finances are tight, and priorities are many. I think subsidies are appropriate but difficult. Employers often warn me that full application will cause many closures. Workers in workplaces with fewer than five employees are unaware of these issues. Employers are very sensitive. This power imbalance requires attention from ministry officials.

Regarding wage arrears, we hold frequent meetings. Labor inspectors conduct strict investigations and arrests. Yet wage arrears and outstanding balances keep rising. To reduce arrears, we should convert severance pay into pensions. This reduces severance pay by 40% in small businesses. We want to pass a law, but small businesses worry about losing operating funds if severance pay is deposited in external financial institutions. To compensate, low-interest loans are needed, requiring agreement with the Ministry of Economy and Finance. The Ministry of Economy and Finance is reluctant due to low tax revenues. We are negotiating. If the President were in office, this could be prioritized. But without strong leadership, policy progress is slow. Reporters are frustrated, and so am I.

―You mentioned youth employment but said the ministry’s role is minimal?

▲Not none, but minimal.

―Minimal?

▲Yes.

―And companies should increase jobs?

▲We provide guidance through employment centers, but job creation is temporary, like internships, which cannot be expanded indefinitely. Our capacity is limited, so we have little to offer youth or reporters confidently. There are dozens of youth policies, but the number of jobs youth want to increase is very limited.

―As the ministry in charge of employment policy, you can only ask other ministries or private companies to increase jobs, and your role is minimal?

▲Yes. We provide subsidies to companies hiring youth, about 4.7 million won for several months. Previously, subsidies were given to employers to pay youth. This year, subsidies go directly to youth. But these do not significantly impact youth perception. Only those willing to work in factories benefit. The Ministry of Economy and Finance questions the large spending. There are many limitations.

―You have a meeting tomorrow regarding sentencing guidelines for wage arrears. How much consensus has been reached?

▲Sentences for wage arrears are low, like fines. I think not paying workers is very bad. Although bosses are punished, many workers don’t receive their money. We need to expand the wage claim guarantee fund. To do so, we must negotiate with the Ministry of Economy and Finance. The fund is small, about 0.06% of total wages. Increasing it faces resistance. The economy is shrinking, limiting policy options. When the economy grows, it’s easier to work and have flexible policies. It’s frustrating.

―You are leading in ruling party presidential candidate polls. Earlier this month, you said you had no intention to run, then said you couldn’t answer, and recently said you would do anything for Korea. Does that include running?

▲The President is in office. If the impeachment is dismissed and things normalize, I will stay as minister. Otherwise, I will go home. Running requires an election.

―What if impeachment succeeds?

▲The President was detained and released, and the impeachment trial is proceeding normally. I expect he will return.

―So you think impeachment is unlikely?

▲That would be a by-election. The President must vacate office, which I hope and expect will not happen. It’s inappropriate to speculate on vacancy.

―You said you have not met or contacted President Yoon. Do you plan to contact or visit him? You said the semiconductor special law should remain flexible, but labor unions strongly oppose it. Do you still think so?

▲President Yoon was imprisoned for 52 days. I was briefly imprisoned for about 50 days. Short imprisonment is more stressful than long. He needs rest. I didn’t contact him to avoid bothering him. It must be hard. Returning home is already embarrassing. So I did not contact him.

Regarding the semiconductor special law, the Democratic Party originally supported similar measures. Not supporting this means no intention to revive the Korean economy. Semiconductors are Korea’s economic flagship in exports, production, technology, and employment. We want to help revive it. If unions oppose, they silence all discussion. That’s unacceptable. They have no right to talk about the economy. They tell us to do it administratively without changing the law. We intend to do our best.

―Do you plan to meet the President after he rests?

▲If he returns and attends cabinet meetings, I will see him. If he wants to meet before, I will go. But there is nothing special to discuss. Moreover, he is currently suspended from duty due to impeachment. I don’t think he has requested meetings related to his duties.

―There is a meeting tomorrow on improving semiconductor R&D working hours. What will you discuss?

▲Semiconductors are Korea’s industrial flagship. The semiconductor industry faces severe challenges due to Taiwan’s TSMC and Trump’s America First policy. We will do our best to support the semiconductor industry.

―How?

▲We will listen and provide maximum support. Steel plants like Incheon Steel are struggling, with closures and strikes. Petrochemical and construction industries are also in trouble. If we neglect semiconductors, the automobile industry will also suffer. What sustains Korea? It’s very difficult. I ask reporters to honestly inform the public about our industrial reality.

I feel frustrated. Has our society ever been so overshadowed by darkness? The late 1970s and early 1980s were very difficult, but during the IMF crisis, people still united and overcame it. Now, there is little passion. I hope reporters convey hope to the public, encouraging them to believe we can do it and unite our strength.