Former Chief Prosecutors Criticize Prosecution's Future Committee Investigation Team as "Undermining the Rule of Law"

Former chief prosecutors have publicly criticized the activities of the fact-finding team under the Prosecution's Committee for Human Rights and Future, which is investigating allegations of abuse of prosecutorial authority, labeling their actions as "an act that undermines the rule of law."

Hong Seung-wook, Kim Yu-cheol, and Shin Bong-soo, former chief prosecutors of the Suwon District Prosecutors' Office, along with Song Gyeong-ho, former chief prosecutor of the Seoul Central District Prosecutors' Office, issued a joint statement today (July 8). They argued that the guidelines and regulations related to the fact-finding team "contain serious toxic clauses that could infringe upon the independence of the judiciary and shake the principles of the rule of law."

First, they pointed out that the activities of the fact-finding team constitute a significant intervention in ongoing trials.

They explained, "Many of the cases included in the investigation are matters currently undergoing legal debate in court," adding that "for the investigation team to question individuals who have already testified or are scheduled to testify, as well as those responsible for maintaining the prosecution, and to separately review trial materials, is an act that directly violates the constitutional principle of the separation of powers."

They also criticized the fact-finding team for being granted extra-legal, compulsory investigation powers with insufficient legal basis, despite claiming to conduct a "fact-finding" mission, calling it "a clear abuse of power that violates the principle of due process."

Furthermore, they added that under the relevant regulations, the Minister of Justice can receive reports on the progress of the fact-finding team and provide specific directions, raising concerns that the team's activities could degenerate into "ordered investigations."

They urged, "The Ministry of Justice and the Supreme Prosecutors' Office must immediately stop these acts of undermining the rule of law, which are hidden behind the pretext of human rights protection and future reform," and demanded that "the extra-legal guidelines and regulations that infringe upon the authority of the judiciary and shake the foundation of the legal system must be completely abolished."

Within the prosecution, arguments have also been raised that there is no legal basis for the fact-finding team to access records of the cases under investigation.

Kim Min-ah, a prosecutor at the Seoul High Prosecutors' Office, posted a message on the internal prosecution network (e-Pros) yesterday (July 7), pointing out that because the fact-finding team is neither a suspect nor a party to the cases, they are not eligible to access records under current investigation rules and guidelines for viewing and copying case records.

The cases currently under investigation by the Prosecution's Future Committee include a total of seven matters: the Ssangbangwool Group's North Korea remittance case, the Daejang-dong development scandal, the case involving Kim Yong, former vice director of the Institute for Democracy, the Wirye New Town project case, the case of the public official killed in the West Sea, the statistics manipulation case, and the alleged false reporting case regarding the "defamation of Yoon Suk Yeol."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.