Prosecutors Defend Against Disciplinary Actions Over Court Incident

Prosecutors who collectively withdrew from a court session during the perjury trial of former Gyeonggi Province Peace Vice Governor Lee Hwa-young argued that the disciplinary actions against them are unjust, as both the Supreme Prosecutors' Office's inspection committee and the Corruption Investigation Office for High-ranking Officials concluded there were no issues with their conduct.

On October 21, the Ministry of Justice convened a disciplinary committee at the Government Complex in Gwacheon to review the disciplinary requests against Kim Hyun-woo, head prosecutor at the Changwon District Prosecutors' Office, and Seo Hyun-wook, head prosecutor at the Changwon branch of the Busan District Prosecutors' Office.

Before attending the committee, Kim stated to reporters, "I will actively cooperate with the Ministry of Justice's disciplinary procedures and sincerely explain that I fulfilled my duties as a prosecutor in South Korea." He added, "Regarding the recusal request during the trial of defendant Lee Hwa-young, the Supreme Prosecutors' Office's inspection committee already determined that disciplinary action was not warranted, and the Corruption Investigation Office found no grounds for charges and dismissed the case."

Kim expressed confusion about why he was facing disciplinary action, saying, "I cannot understand why I am here today," and indicated he would consider administrative litigation depending on the committee's outcome.

Seo also stated, "I will clearly explain the issues and injustices surrounding the disciplinary request," adding, "I believe it is a matter of common sense that disciplinary procedures are proceeding despite the findings of the Supreme Prosecutors' Office and the Corruption Investigation Office."

The disciplinary committee's review stems from an incident during a court preparation session for Lee's perjury case on November 25 of last year, when the court accepted only six out of 64 witnesses proposed by the prosecution. Four prosecutors involved in the case expressed their intention to withdraw, stating they could not comply with what they deemed unfair court management.

In response, President Lee Jae-myung described the prosecutors' actions as "disruptive to court order" and instructed the Ministry of Justice to conduct a thorough inspection and investigation. However, the Supreme Prosecutors' Office's inspection committee concluded in April that disciplinary action was difficult. The Corruption Investigation Office also recently dismissed allegations of contempt of court and dereliction of duty against the prosecutors.

Despite this, the Ministry of Justice conducted its own inspection and filed disciplinary requests for "censure" against the two head prosecutors in August, citing inadequate reporting procedures to superiors prior to the recusal request and failure to follow standard procedures. Two other prosecutors who had already submitted their resignations received warnings from the minister.

The disciplinary committee, chaired by the acting deputy minister of justice, will finalize the disciplinary measures based on a majority vote of the attending members. If the grounds for discipline are deemed unfounded or mitigating circumstances are considered, there is a possibility of a non-punitive decision.