By Park Yoon-bae
President Moon Jae-in's reform of the prosecution is supposed to prevent the elite law enforcement agency from abusing its investigative authority and guarantee its independence from political power. The ultimate goal is to ensure the rule of law, one of the key pillars of a democracy.
Nevertheless, the latest developments taking place on the political scene are raising questions about the true intention of the reform drive. The reason is because the presidential office, the government and the ruling party are indiscriminately attacking the prosecution, particularly its chief Yoon Seok-youl.
Such attacks started when the prosecution launched an investigation into a corruption scandal surrounding Moon's close aide Cho Kuk and his family. The scandal erupted right after Cho, a former senior presidential secretary for civil affairs, was nominated as justice minister last August. Moon appointed Cho to lead the Ministry of Justice in September, despite the corruption allegations against him and his family.
The nation was sharply divided into pros and cons over Cho's appointment. This divide deepened ideological confrontation between the left and the right. Progressives supporting Cho held massive candlelit rallies, denouncing the prosecution's probe into him, while conservative staged counter-rallies calling for Cho's resignation.
The governing Democratic Party of Korea (DPK) has clashed head-on with the main opposition Liberty Korea Party (LKP) over the issue regarding Cho and Moon's prosecution reform. The conservative LKP is strongly against Moon's plan to create a separate investigative unit tasked with probing corruption cases involving high-ranking officials including prosecutors and judges.
In this turbulent situation, Cho stepped down as justice minister only 35 days in office in October without accomplishing his mission to implement Moon's much-avowed prosecutorial reform. But his resignation marked the beginning of an unprecedented showdown between the Moon administration and the prosecution.
The presidential office and the DPK has intensified its bashing of the law enforcement agency as prosecutors expanded their investigations into former and incumbent presidential officials over allegations of corruption.
The high-profile cases included Cheong Wa Dae's suspected meddling in the 2018 Ulsan mayor election to help Moon's confidant Song Cheol-ho win the seat; while another case was related to allegations that the presidential office attempted to cover up corruption involving Yoo Jae-soo, a former director at the Financial Services Commission.
The presidential office and the DPK have harshly lashed out at the prosecution for conducting "excessive" and "politically-oriented" investigations. They apparently want to protect Cho and other aides of Moon. It is unprecedented for officials and lawmakers to try to openly block investigations. They should realize that their behavior not only obstructs justice, but also damages the prosecution's political neutrality and independence.
The Moon administration cannot avoid criticism that it is only engrossed in controlling and taming prosecutors in the "name" of reform. If it really want to see the reform succeed, it would not dare to wield unwarranted influence over the ongoing investigations.
President Moon appointed Rep. Choo Mi-ae, a five-term lawmaker and former chairwoman of the DPK, as new justice minister Jan. 2. She immediately reassigned 32 senior prosecutors and downsized the anti-corruption investigation unit at the Supreme Prosecutors' Office in an apparent bid to stop the prosecution from continuing its investigations into the high-profile corruption cases.
The minister's measures are seen as a move to "disarm" Prosecutor General Yoon, who has spearheaded an anti-corruption campaign since he took the helm of the prosecution in July. Critics noted that the Moon administration has virtually sent a "message of no-confidence" in the top prosecutor because he is targeting the inner circle of the ruling elite in the corruption cases.
People still vividly remember Moon telling Yoon that the prosecution should investigate the incumbent political power if a corruption case arose. But now, Moon seems to be contradicting what he said.
The administration should not try to control the prosecution in the name of reform. Moon and his government must have forgotten the painful lesson from the massive corruption case that led to the impeachment and ouster of former President Park Geun-hye.
If it attempts to tame the prosecution to save its corrupt officials and politicians, the liberal government will not make any progress in prosecutorial reform. It may also run the risk of repeating the same mistake of Park and her corrupt and incompetent administration.
Reform is a change for the better, not a change for the worse. In this sense, Moon's prosecution reform may end up in a regression which will undermine the rule of law and democracy.
Anyone cannot and should not turn the prosecution into the handmaiden of the political power again as seen in the dictatorships of the 1970s and 80s. Only when the prosecution is allowed to conduct independent investigations without any political and outside pressure can prosecutorial reform succeed.
The writer (byb@koreatimes.co.kr) is the chief editorial writer of The Korea Times.
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Nevertheless, the latest developments taking place on the political scene are raising questions about the true intention of the reform drive. The reason is because the presidential office, the government and the ruling party are indiscriminately attacking the prosecution, particularly its chief Yoon Seok-youl.
Such attacks started when the prosecution launched an investigation into a corruption scandal surrounding Moon's close aide Cho Kuk and his family. The scandal erupted right after Cho, a former senior presidential secretary for civil affairs, was nominated as justice minister last August. Moon appointed Cho to lead the Ministry of Justice in September, despite the corruption allegations against him and his family.
The nation was sharply divided into pros and cons over Cho's appointment. This divide deepened ideological confrontation between the left and the right. Progressives supporting Cho held massive candlelit rallies, denouncing the prosecution's probe into him, while conservative staged counter-rallies calling for Cho's resignation.
The governing Democratic Party of Korea (DPK) has clashed head-on with the main opposition Liberty Korea Party (LKP) over the issue regarding Cho and Moon's prosecution reform. The conservative LKP is strongly against Moon's plan to create a separate investigative unit tasked with probing corruption cases involving high-ranking officials including prosecutors and judges.
In this turbulent situation, Cho stepped down as justice minister only 35 days in office in October without accomplishing his mission to implement Moon's much-avowed prosecutorial reform. But his resignation marked the beginning of an unprecedented showdown between the Moon administration and the prosecution.
The presidential office and the DPK has intensified its bashing of the law enforcement agency as prosecutors expanded their investigations into former and incumbent presidential officials over allegations of corruption.
The high-profile cases included Cheong Wa Dae's suspected meddling in the 2018 Ulsan mayor election to help Moon's confidant Song Cheol-ho win the seat; while another case was related to allegations that the presidential office attempted to cover up corruption involving Yoo Jae-soo, a former director at the Financial Services Commission.
The presidential office and the DPK have harshly lashed out at the prosecution for conducting "excessive" and "politically-oriented" investigations. They apparently want to protect Cho and other aides of Moon. It is unprecedented for officials and lawmakers to try to openly block investigations. They should realize that their behavior not only obstructs justice, but also damages the prosecution's political neutrality and independence.
The Moon administration cannot avoid criticism that it is only engrossed in controlling and taming prosecutors in the "name" of reform. If it really want to see the reform succeed, it would not dare to wield unwarranted influence over the ongoing investigations.
President Moon appointed Rep. Choo Mi-ae, a five-term lawmaker and former chairwoman of the DPK, as new justice minister Jan. 2. She immediately reassigned 32 senior prosecutors and downsized the anti-corruption investigation unit at the Supreme Prosecutors' Office in an apparent bid to stop the prosecution from continuing its investigations into the high-profile corruption cases.
The minister's measures are seen as a move to "disarm" Prosecutor General Yoon, who has spearheaded an anti-corruption campaign since he took the helm of the prosecution in July. Critics noted that the Moon administration has virtually sent a "message of no-confidence" in the top prosecutor because he is targeting the inner circle of the ruling elite in the corruption cases.
People still vividly remember Moon telling Yoon that the prosecution should investigate the incumbent political power if a corruption case arose. But now, Moon seems to be contradicting what he said.
The administration should not try to control the prosecution in the name of reform. Moon and his government must have forgotten the painful lesson from the massive corruption case that led to the impeachment and ouster of former President Park Geun-hye.
If it attempts to tame the prosecution to save its corrupt officials and politicians, the liberal government will not make any progress in prosecutorial reform. It may also run the risk of repeating the same mistake of Park and her corrupt and incompetent administration.
Reform is a change for the better, not a change for the worse. In this sense, Moon's prosecution reform may end up in a regression which will undermine the rule of law and democracy.
Anyone cannot and should not turn the prosecution into the handmaiden of the political power again as seen in the dictatorships of the 1970s and 80s. Only when the prosecution is allowed to conduct independent investigations without any political and outside pressure can prosecutorial reform succeed.
The writer (byb@koreatimes.co.kr) is the chief editorial writer of The Korea Times.
