▲ Employees are arriving at the Prosecution Service in Seocho-gu, Seoul, which was launched on October 2.
The court presiding over the trial concerning allegations of illegal budget diversion during the relocation of the presidential residence has suspended proceedings, raising questions about whether the dispatch of Prosecution Service prosecutors to the independent counsel team remains valid.
The fallout from the organizational restructuring triggered by the abolition of the Prosecutors' Office and the launch of the Prosecution Service has now affected the maintenance of public prosecutions in ongoing trials.
On October 2, Criminal Settlement Division 36 of the Seoul Central District Court (Presiding Judge Lee Jung-yeop) made the remarks during the trial of former Minister Lee, former Presidential Chief of Staff Kim Dae-ki, former General Affairs Secretary Yoon Jae-soon, and former Management Secretary Kim Oh-jin on charges including abuse of authority and obstruction of the exercise of rights.
The court pointed out, "The court has some doubts as to whether the attendance of the dispatched prosecutors is lawful," adding, "It does not appear that there are clear regulations stating that a dispatch order issued while they belonged to the Prosecutors' Office remains valid even after the agency has changed."
The court noted that it is unclear whether the prosecutors who were dispatched to the independent counsel team while belonging to the Prosecutors' Office maintain their dispatch status following the launch of the Prosecution Service.
The court stated, "If it is concluded in the future that a new dispatch order is necessary, today's proceedings could become meaningless. The procedures could potentially be rendered invalid," and added, "To resolve this definitively, it seems certain that they should receive a dispatch order under the Prosecution Service."
The prosecutors dispatched to the independent counsel who attended the trial that day responded, "This is not something that can be handled by the Prosecution Service on its own; we understand it is a matter requiring presidential approval regarding prosecutorial personnel appointments," and added, "Discussions took place, but it is taking time internally to request and gain approval for the dispatch."
The court instructed the independent counsel to first proceed with the dispatch request procedure, brought today's hearing to a close, and announced that the sentencing hearing will be held on October 16.
(Photo: Yonhap News)
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