Aftermath of Prosecutors' Office Abolition: Court Halts Trial, Questioning Validity of Dispatching Public Prosecution Service Prosecutors to Special Counsel

The court reviewing allegations of illegal budget diversion during the relocation of the presidential residence has halted trial proceedings, raising questions over whether the dispatch of prosecutors from the Public Prosecution Service to the special counsel team remains valid.

The aftermath of the abolition of the Prosecutors' Office and the launch of the Public Prosecution Service has thus extended to maintaining public prosecutions in ongoing trials.

On the 2nd, the 36th Criminal Settlement Division of the Seoul Central District Court (Presiding Judge Lee Jeong-yeop) made the remarks during a trial for 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 appearance of the dispatched prosecutor is lawful," adding, "It does not appear that there is a clear regulation stating that a dispatch order issued while belonging to the Prosecutors' Office remains valid even after the agency has changed."

This means it is unclear whether prosecutors who were dispatched to the special counsel while belonging to the Prosecutors' Office maintain their dispatch status following the launch of the Public Prosecution Service.

The court stated, "If a conclusion is reached later that a new dispatch order is necessary, today's proceedings could become meaningless. The procedures could be rendered invalid," and added, "To resolve this definitively, getting a dispatch order under the Public Prosecution Service seems like the surest way."

Prosecutors dispatched to the special counsel who attended the trial that day responded, "This is not something that can be handled by the Public Prosecution Service itself; we understand it is a matter subject to presidential approval regarding prosecutor personnel appointments. Discussions were held, but it is taking time to internally request and obtain approval for the dispatch."

The court asked the special counsel to first proceed with the dispatch request procedure, wrapped up the trial for the day, and announced that the final sentencing hearing would be held on the 16th.

(Photo: Yonhap News)
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