[오늘과 내일/김윤종]Prosecutors who shouted ‘prosecution neutrality’ in every inauguration speech | Dong-A Ilbo

Kim Yun-jong, Social Affairs Director: “There are citizens who are concerned about whether the case is being handled fairly and whether the person who committed the crime is receiving an appropriate punishment.”

At the inauguration ceremony for the 46th Prosecutor General held on the 19th, the new Prosecutor General Shim Woo-jung said this. He continued, “Let’s make the people trust us through a fair investigation based solely on evidence and legal principles, without any external influence or bias.” The expression on Shim’s face, emphasizing “evidence and legal principles,” showed the burden of being the Prosecutor General appointed in the middle of the administration. This is because the new Prosecutor General included his goals and promises in his inauguration speech, but the reality is not easy. Former Prosecutor General Lee Won-seok also mentioned Han Feizi’s “法不阿貴 (law does not flatter the noble)” in his inauguration speech two years ago, declaring, “There is no sanctuary.” However, he was criticized for dragging out the investigation into the Dior bag bribery allegations surrounding President Yoon Seok-yeol’s wife, Kim Kun-hee, and failing to conclude it during his term.

Only one out of three presidents served a full term over 36 years.

I looked through the inaugural speeches of the 25 prosecutors appointed since 1988, when the two-year term of office for the prosecutor general was implemented. The main targets of investigation and the measures to eradicate them were different depending on the era, but the parts that mentioned the neutrality, fairness, and restoration of trust in the prosecution were similar in each inaugural speech. Some of them made me think that the content had been copied using ‘Ctrl+V’ (paste).

Former Prosecutor General Park Jong-cheol, the first Prosecutor General of the Kim Young-sam government, emphasized political neutrality in his inaugural speech in March 1993, saying, “I will fear the people and exercise my prosecutorial powers to my convictions.” However, as criticisms of his inability to read the president’s intentions and the poor performance of his investigations overlapped, former Prosecutor General Park resigned just six months after taking office. Former Prosecutor General Kim Jong-bin, who had said in his inaugural speech in April 2005 that he would “establish political neutrality and investigative independence,” resigned in October of the same year when the Minister of Justice’s investigative command authority was exercised for the first time in constitutional history regarding the arrest of a Dongguk University professor on charges of violating the National Security Act.

Former Prosecutor General Han Sang-dae, who took office in August 2011 during the Lee Myung-bak administration, declared, “I will strengthen the cleanliness and transparency of the prosecution.” However, he was criticized for his so-called “lenient request” and resigned after 1 year and 3 months due to the prosecution’s rebellion by junior prosecutors while pushing for the abolition of the Supreme Prosecutors’ Office’s Central Investigation Department. Former Prosecutor General Cha Dong-wook said at his inauguration ceremony in April 2013 that he would “have a firm will for political neutrality,” but resigned after 6 months in office due to controversy over an extramarital affair while directing the investigation into the National Intelligence Service’s comment scandal in the early days of the Park Geun-hye administration. President Yoon also experienced conflict with the Moon Jae-in administration during his time as Prosecutor General, and immediately became a presidential candidate after resigning in March 2021. Of the 25 prosecutors general in 36 years, only 9 (36%) completed their 2-year terms.

We must keep our promise to ‘become a bulwark of prosecutorial neutrality’

Prosecutor General Shim may also face difficulties like his predecessors. This is because, with the lame duck period and various suspicions arising, it is possible that the investigation could directly hit the government. In the case of former Prosecutor General Kim Soo-nam, former President Park, who appointed him, was arrested. The decision on what to do with Mrs. Kim will have to be made after the results of the investigation review committee on Choi Jae-young, who handed over the Dior bag, are released on the 24th of this month. As Mr. Son, who was indicted as the money owner in the second trial of the Deutsche Motors stock manipulation case on the 12th, was found guilty of aiding and abetting, attention is also being paid to what to do with Mrs. Kim, who played a similar role. There are numerous cases that will evaluate the neutrality of the prosecution, such as the investigation of former President Moon Jae-in.

In the process of resolving this, Prosecutor General Shim may confront or protect the government. I hope he will recall his inaugural speech at a time when judgment is needed. Prosecutor General Shim’s inaugural speech ends like this. “I promise to be a strong wall so that the neutrality and independence of the prosecution can be maintained.” Of course, there are limits to the will of the Prosecutor General alone. There are many areas that need improvement, such as external pressure from the political world and the president’s personnel authority. Nevertheless, if this promise is kept, the words “prosecutor neutrality and independence” will gradually decrease in the inaugural speeches of new Prosecutor Generals in the future.

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Kim Yun-jong, Social Affairs Editor [e-mail]

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