`Taming` the prosecution

The new leadership of the main opposition Democratic United Party has pledged to push through reform of the prosecution above all else. In a speech at the party convention Sunday, newly elected party chief Han Myeong-sook said, “I will not gloss over prosecutors’ [immoral] political conduct and investigations over the last four years.” In two trials, Han was found not guilty of taking 50,000 U.S. dollars while serving as prime minister under the Roh Moo-hyun administration. She was also found not guilty in the first trial of accepting 900 million won (780,572 dollars) in bribes. The final ruling is pending, however. Under these circumstances, it is inappropriate for Han to say she will reform the prosecution. If a defendant in a criminal case pressures a prosecutor, this can affect the verdict.

Han proposed the abolition of the Central Investigation Department of the Supreme Prosecutor`s Office, the setup of an investigation office for corruption by high-ranking government officials, and direct election of chief public prosecutors. The direct election of chief public prosecutors might be possible only through a constitutional amendment, but abolition of the Central Investigation Department and the setup of an investigation office for corrupt officials can be discussed. If prosecution reform degenerates to the point of pressuring or taking revenge on prosecutors, this will only translate into “taming the prosecution” and abusing power. Opposition parties have power.

Blaming prosecutors for having political bias because they take judicial action unfavorable to opposition parties is also absurd. Former opposition lawmaker Chung Bong-ju was sentenced to prison after being convicted of spreading unfounded rumors on a stock price scandal in the run-up to the 2007 presidential election by the Supreme Court. If Han claims the court ruling her not guilty is because of an improper criminal investigation, she should also agree with the guilty verdict for Chung.

Rep. Kim Sun-dong of the minor opposition Unified Progressive Party, who set off a tear gas canister inside the main chamber of the National Assembly, has snubbed five summonses for questioning by prosecutors. His party claims that the investigation into Kim is “irrational suppression.” This incident, however, has nothing to do with prosecutors’ political bias or oppression of opposition parties. Setting off tear gas inside parliament is not patriotism, but a crime.

Prosecutors should also reflect on giving a not guilty verdict to former KBS President Jeong Yeon-ju. They should be blamed if they lack investigative capability or enforced probes and a lawsuit out of political intent. They should reflect on certain wrongdoings by prosecutors based on political bias. Only when they properly stand as enforcers of the law unaffected by political influence can they overcome external political forces.