Acting Prosecutor General: "Erasing 'Prosecution' from the Constitution Would Stain Prosecution Reform"

On the eve of the National Assembly's plenary session to deliberate the amendment to the Government Organization Act, which centers on abolishing the Prosecutors’ Office, Norman Seok, Acting Prosecutor General, stated, "Erasing the 'prosecution' as stipulated in the Constitution could become a blemish on successful prosecution reform," and urged, "Please refine the vision of proper prosecution reform."

On the afternoon of September 24, Acting Prosecutor General Seok issued a statement saying, "The Government Organization Act, which would abolish the prosecution that has served the people for 78 years since the enactment of the first Constitution, is about to be submitted to the plenary session of the National Assembly," expressing his concerns.

Norman Seok, Acting Prosecutor General, is arriving at the Supreme Prosecutors' Office in Seocho-gu, Seoul, on the morning of the 8th. Photo by Yonhap News

First, Acting Prosecutor General Seok reflected, "Until reaching this point, the prosecution has failed to escape controversies over abuse of investigative power and suspicions about its political neutrality, and has not sufficiently earned the trust of the people. I feel a heavy sense of responsibility and solemnly accept this, and will humbly reflect on it."

He continued, "The prosecution will do its utmost to fulfill its fundamental duty of protecting the people from crime under any circumstances," adding, "Furthermore, I hope that a balanced judicial system will be designed in which the public does not feel anxious, and that successful prosecution reform will be achieved without any constitutional controversy."

Nevertheless, he expressed concerns and opposition to the amendment to the Government Organization Act. He emphasized, "The prosecution has played a central role in upholding the rule of law, not only through direct investigations and indictments, but also by exercising judicial oversight over police investigations, enforcing sentences, supporting victims, recovering criminal proceeds, and facilitating international judicial cooperation."

He added, "The term 'prosecution' as specified in the first Constitution includes the mandate to broadly oversee law enforcement, including police investigations, in order to protect the people from crime. The title 'Public Prosecution Office' not only fails to encompass these essential functions, but also risks weakening the prosecution's pivotal role in upholding the rule of law for the people."

Furthermore, Acting Prosecutor General Seok stated, "If the transfer of the prosecution's investigative functions leads to the excessive expansion of investigative powers by another authority, and if the prosecution's capacity to respond to sophisticated and specialized crimes is lost, this too would not reflect the proper prosecution reform that the people desire."

He concluded, "Erasing the 'prosecution' as stipulated in the Constitution could, on the contrary, become a blemish on successful prosecution reform," and earnestly appealed to the public, the National Assembly, and the government to "consider these points and work to refine the vision of proper prosecution reform until the very last moment."

The first government reorganization plan under the Lee Jaemyung administration, which includes the abolition of the Prosecutors’ Office as its main feature, passed the National Assembly Legislation and Judiciary Committee on the afternoon of the same day, led by the ruling party. The amendment is expected to be submitted to the plenary session on September 25 after a review of its structure and wording by the committee.