Board of Audit and Inspection: "Prosecutors' Statement Opposing Impeachment Not Illegal"

On July 4, the Board of Audit and Inspection announced that it had closed the National Assembly’s request for an audit regarding possible legal violations by prosecutors who issued a collective statement in protest against the push to impeach the top leadership of the prosecution.

Yonhap News Agency

In the audit report released that day, the Board of Audit and Inspection stated, "The prosecutors expressed general concerns about the diminished functions of the prosecution and about the political neutrality and independence of prosecutors following the National Assembly's impeachment initiative," adding, "It is difficult to conclude that this is directly related to Article 65 of the State Public Officials Act, which prohibits political activities by public officials, or Article 27 of the Public Officials Service Regulations."

The Board of Audit and Inspection also said, "It is difficult to conclude that this was a collective action contrary to the public interest or a collective act neglecting the duty to focus on official duties," and added, "It is also difficult to conclude that this was an act opposing the political activities of a specific political party."

The Board of Audit and Inspection further stated, "It is difficult to conclude that this constitutes a denial of the National Assembly's exclusive authority to impeach or the principle of separation of powers," and added, "It is also difficult to conclude that this was an act damaging to the dignity or reputation of the prosecution that could undermine public trust in the institution."

Regarding the fact that the Supreme Prosecutors’ Office and the Ministry of Justice did not impose disciplinary measures or conduct inspections against the prosecutors involved, the Board of Audit and Inspection said, "It is difficult to conclude that this constitutes dereliction of duty."

Regarding suspicions that the Prosecutors’ Alumni Association was encouraged to revise its regulations to support legal fees for prosecutors facing impeachment, the Board of Audit and Inspection stated, "This could not be confirmed."

Previously, in December of last year, the National Assembly, led by the Democratic Party of Korea, passed a request for a Board of Audit and Inspection audit, claiming that the prosecutors who issued the collective statement had violated their duty of political neutrality under the State Public Officials Act.