With just over a month until the abolition of the Prosecutor's Office and the launch of the new Prosecution Agency on October 2, both the Minister of Justice and the head of the prosecution are currently vacant. As discussions continue regarding the agency's structure and the appointment of its first leader, concerns are growing within the prosecution about potential candidates linked to President Lee Jae-myung's Daejangdong case.
According to legal sources on the 29th, former Minister of Justice Jeong Seong-ho stepped down on the 26th after a year and a month in office. He submitted his resignation on the 18th, citing health issues and the completion of key legislative reforms for prosecutorial reform, which President Lee accepted on the 24th. Until a new minister is appointed, Vice Minister Lee Jin-soo will serve as acting minister.
The position of the prosecutor general is also effectively vacant. Acting Prosecutor General Koo Ja-hyun submitted his resignation on July 31, the same day a bill abolishing direct investigative powers for prosecutors passed the National Assembly, and has not returned to work since. The day-to-day operations of the Supreme Prosecutors' Office are currently being managed by Planning and Coordination Department Chief Park Gyu-hyung, who is effectively serving as a placeholder.
However, preparations for the launch of the Prosecution Agency are still incomplete. The Ministry of Justice is preparing legislative notices for amendments to subordinate laws, including investigation guidelines, in accordance with the revised Criminal Procedure Act. The specific structure and staffing of the Prosecution Agency are still under discussion with the Ministry of the Interior and Safety.
The Serious Crime Investigation Agency's structure, which includes a headquarters and six regional offices with a total of 2,874 positions, was announced on the 25th. In contrast, the structure for the Prosecution Agency, which is set to open on the same day, has yet to be revealed. A source within the prosecution stated, "There is no central figure leading the preparations for the agency's launch, and with both the minister and the prosecutor general absent, it is questionable whether negotiations with the Ministry of the Interior and Safety can proceed effectively."
The selection process for the first head of the Prosecution Agency is also delayed. The legal title for the head is prosecutor general, with a two-year term that cannot be renewed. The process involves forming a candidate recommendation committee, recommending candidates, the Minister of Justice's proposal, a National Assembly confirmation hearing, and presidential appointment, but no specific timeline has been disclosed. Given that the selection process typically takes one to two months, there are concerns that the agency may launch without a leader.
There is a growing belief within the prosecution that the current placeholder system will continue until the abolition of the Prosecutor's Office. Appointing a new deputy prosecutor general would have limited benefits, as the organization will be dissolved in just over a month. It is also speculated that the next Minister of Justice may skip the appointment of a deputy prosecutor general and proceed directly to recommending candidates for the first prosecutor general of the Prosecution Agency.
As the structure of the Prosecution Agency remains undecided, unrest is increasing among frontline prosecutors. Among the 2,375 applicants for special appointments to the Serious Crime Investigation Agency, over 2,100 are reported to be prosecutors, which accounts for about one-third of the total 6,200 prosecutors. The unclear role of the Prosecution Agency, which will not have investigative powers, is believed to have influenced the large number of applications.
Speculation about the next Minister of Justice is also causing unease within the prosecution. Candidates mentioned include lawmakers Park Kyun-taek and Lee Geon-tae, both of whom are former prosecutors and served as legal representatives for President Lee in the Daejangdong case. Park has also represented clients in cases related to the Baekhyeon-dong development scandal and the Seongnam FC incident.
On the 26th, Park stated on MBC Radio that he personally believes it is appropriate to grant the special prosecutor investigating fabricated charges the authority to dismiss cases. Lee led the formation of a group of lawmakers in February aimed at dismissing charges against President Lee.
Amid the Ministry of Justice's Human Rights Respect Committee investigating eight cases directly or indirectly related to President Lee, there are concerns within the prosecution that this may be a prelude to case dismissals. The Minister of Justice can direct and supervise specific cases through the prosecutor general. If a former legal representative of President Lee is appointed as minister, it raises concerns about political neutrality and potential conflicts of interest.
Voices of concern regarding the potential negative effects of the new criminal justice system continue to emerge. According to Monthly Chosun, former Minister Jeong stated that the revised Criminal Procedure Act and the structures of the Serious Crime Investigation Agency and the Prosecution Agency could "pose unexpected risks to public safety and the maintenance of the rule of law."
Professor Park Chan-woon, who served as an advisory committee chair for the Prosecutorial Reform Promotion Team, also pointed out at a symposium hosted by the Korean Bar Association on the 24th that there could be jurisdictional conflicts between investigative agencies, delays in investigations, and difficulties in uncovering the truth due to the abolition of direct supplementary investigations by prosecutors. He emphasized, "I do not oppose the direction of reform, but even if the direction is correct, if the design is flawed, it can lead to harm to individuals."
* This article has been translated by AI.
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