Ministry of Justice: “We Have Reviewed Whether Rank-and-File Prosecutors’ Statement Is Illegal”

It was confirmed that the Ministry of Justice has been reviewing whether the action of rank-and-file prosecutors from the Seoul Central District Public Prosecutor’s Office (SCDPPO), who issued a joint statement opposing a revision of the Criminal Procedure Code drawn up by the Presidential Committee on Judicial Reform (PCJR), is illegal.

The Ministry of Justice announced on May 19, “A working-level official of Cheong Wa Dae requested to review whether the fact that the rank-and-file prosecutors from the SCDPPO have expressed their opinions is in conflict with the National Public Servant Law and Disciplinary Law for Prosecutors.”

The Ministry of Justice further noted, “We completed our investigation and review into the matter, and are consulting with the working-level official of Cheong Wa Dae over our investigation result.”

“We are reviewing the matter, since the official in question asked us to further review the history and legal basis of rank-and-file prosecutors’ meetings on the grounds that there was no evident precedent or legal basis in our investigation result,” the Ministry of Justice further stated.

The Ministry of Justice added, “We have not finalized this issue since we believe it requires an in-depth legal investigation.”

However, the Ministry of Justice has reportedly come to an agreement that taking a disciplinary measure or legal action against prosecutors is not desirable, since it has failed to find any illegality in the rank-and-file prosecutors’ meeting and their statement.

Meanwhile, during a regular briefing on the same day, Cheong Wa Dae spokesman Kim Man-soo said, “After we voiced our opinion on May 6 that the rank-and-file prosecutors’ collective opposition should be coped with in accordance with law and principles, the Ministry of Justice has been confirming and reviewing the matter,” and added, “We have not received any report so far from the Ministry of Justice on this issue.”

Prior to this, during a meeting presided over by Presidential Chief of Staff Kim Woo-sik on May 6, Cheong Wa Dae warned, “Rank-and-file prosecutors’ collective opposition is by no means desirable.” Cheong Wa Dae spokesman Kim also said, “President Roh’s opinion on this matter is not different.”

Regarding the prosecutors’ collective opposition, while presiding over a cabinet meeting on May 17, Prime Minister Lee Hae-chan also criticized, “Such a backlash shows how much their discipline as public officials has slackened.”

Jung-Hun Kim jin0619@donga.com jnghn@donga.com