The Right to Indict High-Ranking Public Officials

The government and the ruling party agreed on Wednesday to review whether to send an incumbent prosecutor to the so-called High-Ranking Public-Officials Corruption Investigation Office (HRPOCIO) to carry out investigations and indictments. The issue of giving the right to indict to the Office has stirred controversy.

However, a bumpy road may lie ahead since Justice Minister Kang Kum-sil made clear in Legislation and Judiciary Committee meeting that she still opposed the idea of giving the Office the right to indict.

The Uri Party and the Korea Independent Commission Against Corruption (KICAC) met Wednesday and agreed to review whether to send a prosecutor to the Office. They decided to discuss this issue at a meeting in August after discussion and coordination between the ruling party’s Legislation and Judiciary Committee lawmakers and KICAC members.

“Our consideration will be whether to appoint an independent counsel, which was our campaign pledge, or send a prosecutor, the idea that we came up with today. If adopted, lawyers with over five years of work experience will be qualified for the independent counsel, who will be recommended by the head of HRPOCIO, then appointed by the president. In the case of sending an incumbent prosecutor to the Office, the prosecutor’s position such as term of office should be guaranteed,” said a key policymaker of the ruling party.

The government and the ruling party will establish HRPOCIO under the KICAC as planned since separating the office as a third organization apart from the administrative branch might be a constitutional violation. Only when a related special act bill is enacted, HRPOCIO can be given the power to indict through dispatched prosecutor.

Meanwhile, the government and the Uri party agreed to pass a revised Anti-Corruption Act bill into law at the regular session of the National Assembly in September.

The KICAC can investigate not only the whistleblower but also suspected persons and witnesses to examine corruption cases, and the rewards for the whistleblower will also rise up to two billion won under the revised bill.

Hoon Lee dreamland@donga.com