Trial Confusion Continues Over 'Special Counsel Prosecutors' Following Abolition of Prosecutors' Office

Confusion continues over the legality of trial participation by prosecutors dispatched to special counsel teams following the abolition of the Prosecutors' Office and the launch of the Public Prosecution Office with the implementation of the revised Criminal Procedure Act and other laws on October 2.

While the first-instance court for allegations of covering up the Coupang investigation proceeded with the hearing excluding the dispatched prosecutors, the appeals court for former President Yoon Suk Yeol on insurrection charges judged that there was no problem.

The 1st Criminal Division of the Seoul High Court (Presiding Judge Yoon Sung-sik) stated during a continued trial on October 6 for former President Yoon's charges as the ringleader of an insurrection, "We have determined that there is no particular problem with the dispatched prosecutors participating in the trial."

Before the trial began, the court noted, "The Public Prosecution Office has been launched, and accordingly, it seems there is controversy regarding the dispatched prosecutors' involvement in the trial," and listened to the positions of the defendants.

Representatives for former President Yoon requested, "Upon review, it appears there is no legal basis. If the special counsel dispatched prosecutors had a legal basis and a separate dispatch, please submit that basis."

In response, the special counsel team for the insurrection stated that, pursuant to Addenda Articles 7 and 8 of the Public Prosecution Office Act, former prosecutors of the Prosecutors' Office are deemed prosecutors of the Public Prosecution Office and their duties are also succeeded, and announced plans to submit an official document from the Ministry of Justice to the court stating that the existing dispatch orders remain valid.

Citing the relevant addenda, the court also stated, "Upon review, it is interpreted that the status of the prosecutors from the former Prosecutors' Office is succeeded to the status of the Public Prosecution Office."

It added, "Today's procedures will proceed as scheduled. If the defendant side requests a formal judgment later, we will review it further, but for now, we see no particular problem."

Conversely, on the same day, the court presiding over the so-called "Coupang investigation pressure suspicions" proceeded with the trial excluding the dispatched prosecutors from the permanent special counsel team.

The 28th Criminal Division of the Seoul Central District Court (Presiding Judge Han Dae-gyun) stated during the continued trial of prosecutors Uhm Hee-jun and Kim Dong-hee, "To avoid unnecessarily creating controversy, we will proceed excluding the dispatched prosecutors."

It further explained, "This does not mean a conclusion that (the dispatched prosecutors) are completely unlawful, but we are deliberating on how to handle the situation."

Representatives for Prosecutor Uhm also pointed out, "As judgments vary among different courts, it is questionable whether the dispatched prosecutors' participation in the trial will later be recognized as lawful."

In response, the permanent special counsel team stated, "We understand that the Ministry of Justice plans to send an official document to the court that raised questions regarding the dispatched prosecutors' trial participation."

Following the court's decision, the scheduled witness interrogation was conducted by the Assistant Special Counsel.

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