Transition team, ruling party clash over prosecutorial reform

Rep. Yoo Sang-bum of the People Power Party, a member of the department of political affairs, jurisdiction and political administration on Yoon's transition committee, speaks on the matter of the ruling party's push for a prosecutorial reform bill aimed at reining in the investigative power of the prosecution, at the transition committee's headquarters in Seoul's Jongno District, Wednesday. Joint Press Corps

By Jung Da-min

Political conflicts between the nation's liberal and conservative blocs are reaching a fever pitch over the former's policy drive for prosecutorial reform aimed at taming the prosecution's investigative power.

Currently, the prosecution can investigate crimes in six categories ― corruption, the economy, public officials, elections, defense industry projects and major catastrophes ― while the police are in charge of investigating other crimes.

But the ruling liberal Democratic Party of Korea (DPK) is planning to pass a reform bill aimed at removing the prosecution's investigative authority within this month, so that the reform bill can be tabled at the last Cabinet meeting under President Moon Jae-in, to be held May 3, before President-elect Yoon Suk-yeol is sworn on May 10.

The political conflict over the prosecutorial reform plan is not new as president-elect Yoon had clashed frequently with DPK members and former Justice Minister Choo Mi-ae over the ruling party's reform plans, during the time Yoon was serving as the prosecutor-general from July 2019 to March 2021.

On Wednesday, the department of political affairs, jurisdiction and political administration of Yoon's transition committee issued a statement criticizing the DPK for adopting the plan as the party's official stance through a general meeting of its lawmakers held a day before. On the other hand, the DPK adopted its official stance regarding the bill during the meeting on Tuesday.

The transition committee's jurisdiction department strongly protested the DPK's plan to remove the prosecution's investigative authority, saying that it is against the Constitution, under which the right to request an arrest warrant is given to the prosecution. The jurisdiction department also said that the reform bill has nothing to do with protecting the people, while the DPK is trying to railroad it only to protect its members from investigation.

The PPP has been criticizing the bill, saying it is only aimed at protecting President Moon Jae-in and former Gyeonggi Province Governor Lee Jae-myung, referring to as yet unproven allegations that Lee was involved in a highly lucrative land development project and allegations that Cheong Wa Dae had interfered in the 2018 local elections to help Moon's aide, Song Cheol-ho, in the Ulsan mayoral race.

"The (DPK's) attempt to completely strip the prosecution of its investigative authority to nullify the original role of the prosecution is aimed at interrupting the new president's national administration," read the statement.

Prosecutor-General Kim Oh-soo speaks to reporters as he arrives at the headquarters of the Supreme Prosecutors' Office in Seoul's Seocho District, Wednesday. Yonhap

Prosecutor-general Kim Oh-soo also held a press conference at the Supreme Prosecutors' Office in Seoul's Seocho District, Wednesday, and said he has requested a meeting with President Moon over the matter to persuade the president to exercise his veto against the reform bill.

Earlier Wednesday, Kim told reporters as he arrived at the Supreme Prosecutors' Office, that the DPK's plan to remove the prosecution's investigative authority is against Constitution, which states that the main force responsible for the investigation of crime cases is the prosecution, since the 1960 April Revolution.

"The core of the DPK's reform bill is to give the investigative authority exclusively to the police," Kim said. "Since the April 19 Revolution, the Constitution states that the main force responsible for the investigation of crime cases is the prosecution. The reform bill is an obvious violation of the Constitution."

Rep. Yun Ho-jung, center, the floor leader of the Democratic Party of Korea, speaks to reporters on the matter of the party's push of a prosecutorial reform bill aimed at removing the prosecution's investigative authority, after paying tribute to fallen Korean heroes at Daejeon National Cemetery, Wednesday. Yonhap

The chief of the DPK's emergency committee, Rep. Yun Ho-jung, refuted Kim, saying that the Constitution does not state that the prosecution has any such authority. There is only one part where it says the prosecution can request an arrest warrant, as the seizure of a person is a matter of human rights.

"The DPK is taking a step to remove the last area of social privileges of the prosecution and the media," Yun told reporters after paying tribute to fallen Korean heroes at Daejeon National Cemetery, Wednesday.

Distinct from other countries' prosecution systems ― such as those of the U.S., the U.K., France and Japan ― Korea's prosecution systems gives the prosecution the authority both to lead investigations and prosecute them, which the DPK argues amounts to overreaching power.

While the DPK holds the majority of 172 seats in the 300-strong National Assembly, the PPP, which has 110 seats, is planning to stage a filibuster to stop its push for the reform bill. For the DPK to stop the PPP's filibuster, it needs eight more seats. The minor opposition progressive Justice Party has six seats, but has raised questions about the timing of the reform bill.