Personnel Appointment and Inspection Right of Prosecution Cause Conflicts

Recently, there have been signs of conflict between Cheong Wa Dae and the prosecutor`s office.

Soon after the inauguration of the Roh government, Cheong Wa Dae managed to mend ties with the prosecution to some extent. Yet the relationship between the two seems to have become strained as President Roh Moo-hyun and Justice Minister Kang Keum-sil have recently raised the stakes against the agency.

On August 27, the president said that he would let a third party become a check on the powerful office of the prosecution. Two days later, Justice Minister Kang echoed his remark while in Russia, telling reporters that radical personnel reshuffle within the prosecutor`s office would be carried out in March next year.

When the announcement about the personnel reshuffle was made on August 22, prosecutors voiced their displeasure by saying that their opinions were not reflected in the reshuffle. Regarding Roh`s remarks, Cheong Wa Dae then backpedaled from the president`s statement, saying, “The president intended to say that he will take proper legal measures to not allow the prosecution to misuse its power.”

However, some prosecutors have interpreted the latest moves by Cheong Wa Dae and the Justice Ministry as counteractions to their investigations being carried out against some influential politicians, such as in the case of the Good Morning City scandal. They suspect the government of trying to put pressure on prosecution investigations that might affect upcoming general elections next year. General sentiment within the prosecution is that it is wrong for the government to view the agency as if it is wielding unlawful power in its current investigations.

Against this backdrop, prosecutors have raised suspicions over the motivation behind the government-led reform plan for the prosecution because it is centered on the agency`s personnel appointments and inspections. Senior prosecutors make the point that if the Justice Ministry exercises great influence on personnel appointment and inspection for the agency, political neutrality of the prosecution will not be guaranteed.

“It is difficult to understand why the government is taking issue with the agency`s right to internal inspections, something that other government agencies also have,” a senior prosecutor said.

Meanwhile, civic groups and judicial circles point out that it is wrong for the president and the government to try to control the prosecution in this fashion.

Hyun-Doo Lee ruchi@donga.com