The Ministry of Justice “actively supports the fulfillment of the prosecution’s promise”… Different position from Park Bum-gye

“In a broad framework, I fully understand and sympathize with the purpose of President-elect Yoon Seok-yeol’s promises.”

The Ministry of Justice made this position in the report of the Presidential Transition Committee on the 29th. Justice Minister Park Beom-gye publicly opposed Yoon-elect’s promises, including the abolition of the investigative authority, but it is evaluated that the Ministry of Justice took a step back when the transition committee postponed the business report schedule and took the military flag.

○ Report on the work of the Ministry of Justice, distanced from the Minister

On the afternoon of the 29th, officials from the Ministry of Justice including Joo Young-hwan, Director of Planning and Coordination Office, and Koo Ja-hyeon, Director of the Prosecutor’s Office, attended the 100-minute work report held at the Office of the Transition Committee in Tongui-dong, Jongno-gu, Seoul on the afternoon of the 29th. It has been five days since the business report scheduled for the 24th was postponed. Earlier, on the 24th, the transition committee postponed the work report to the Ministry of Justice and said, “It is rude for the minister, who will retire after 40 days due to a change of government, to directly oppose (the elected promises) a day before the ministry report.” It was a criticism of Minister Park meeting with reporters and stating that he opposes Yoon’s promises, including the abolition of the Justice Minister’s right to lead investigations, establishment of a system of responsible prosecutors and prosecutors, and independence of the prosecution’s budget.

However, on the 29th, officials from the Ministry of Justice kept their distance from Minister Park’s claims and expressed their intention to generally cooperate with the new government’s state affairs. Rep. Lee Yong-ho said at a briefing that day, “It went well in a mutually positive and friendly atmosphere.” “(Ministry of Justice) also expressed its position to actively support the enactment and revision of laws to fulfill the promise.” However, lawmaker Lee said, “Secretary Park is not in a position to make a comment on this matter. However, as the elected officials revealed their various positions on the promises, the employees of the Ministry of Justice looked very embarrassed.”

○ Transition Committee “Disclosure of Criminal Case Prohibition Regulations, Discussion on Revision”

The transition committee said on the same day, “The Ministry of Justice said that it would actively discuss (with in mind) the revision, including the repeal, of the prohibition on disclosing criminal cases.” It is said that the Ministry of Justice also agreed with the fact that the regulation was selective and politically unbalanced between the human rights of the suspect and the people’s right to know. This regulation was promoted during the days of former Justice Minister Cho Kuk and came into effect in December 2019, but it has been criticized for undermining the right to know by focusing on preventing the facts of the blood and the investigation situation from being disclosed to the media before prosecution. In addition, the transition committee said that it had formed a consensus with the Ministry of Justice on the establishment of a system of investigations responsible for the prosecution and police. The Responsible Investigation System expands the scope of direct investigation by the prosecution, such as allowing the prosecution to directly investigate the case when a supplementary investigation is required in a case sent by the police.

An official from the transition committee said, “I explained to the Ministry of Justice that it is necessary to overhaul the investigation system responsible for the police and prosecutors in order to relieve public damage.” “The Ministry of Justice also agreed with the need to revise and overhaul the rules of investigation,” he added.

However, the Ministry of Justice acknowledged the side effects in relation to the abolition of the investigative authority promoted by President-elect Yoon, but did not express a clear stance on the pros and cons. Representative Yoo Sang-beom, a member of the transition committee, said, “The Ministry of Justice sympathized with the controversy surrounding the prosecution’s independence and neutrality due to the exercise of its investigative authority. did,” he said. As for the independence of the prosecution’s budgeting right, the Ministry of Justice said that instead of agreeing with it, it only expressed a position of “actively participating in the revision of laws after the inauguration of the new government.”

An official from the Ministry of Justice said, “When the transition committee pointed out each matter, the Ministry of Justice expressed sympathy and responded by saying, ‘I will look into it’ or ‘I will discuss it. ” he said.

Reporter Heechul Shin hcshin@donga.com
Correspondent Kodoye yea@donga.com

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