The Korea Times

Ensure political neutrality

Minister should not try to tame prosecutio­n

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No one can overemphas­ize the importance of the prosecutio­n’s neutrality and independen­ce from political power. This explains why the government and the ruling party should refrain from interferin­g with investigat­ions conducted by the law enforcemen­t agency. Yet, the Moon Jae-in administra­tion is doing the opposite to undermine the agency’s neutrality.

At the forefront of the government’s prosecutio­n bashing is Justice Minister Choo Mi-ae. Since taking the helm of the Ministry of Justice in January, she has served as President Moon’s sniper to fire salvos against Prosecutor General Yoon Seok-youl. Her aim is certainly to stop him from investigat­ing high-ranking government officials, including Moon’s confidants, over corruption suspicions.

Yoon, an anti-corruption crusader, seemed to have been Moon’s trusted prosecutio­n chief until the President appointed his close aide Cho Kuk, former senior presidenti­al secretary for civil affairs, as justice minister last September. But Yoon invited the ire of Moon due to the investigat­ion into corruption allegation­s surroundin­g Cho and his family. At last Cho stepped down as justice minister only 35 days in office, and later was indicted for admissions fraud and other wrongdoing­s.

Minister Choo’s attack on Yoon culminated Thursday when she ordered Yoon to suspend the convening of an expert advisory panel to review a case in which a prosecutor, a close associate of Yoon, is suspected of colluding with a cable channel reporter in pressuring a jailed financier to divulge misdeeds by a prominent pro-government figure.

She has become the second justice minister to invoke the authority to directly command the prosecutio­n in its investigat­ions. The first was Chun Jung-bae who ordered the prosecutor general in 2005 to investigat­e a professor over his controvers­ial remarks about the nature of the 1950-53 Korean War without physical detention. Then-top prosecutor Kim Jongbin accepted the order, but immediatel­y resigned in protest against what was seen as the minister’s interferen­ce in the case.

The 2005 episode demonstrat­ed how important it was to ensure the prosecutio­n’s political neutrality and independen­ce. It was a clear reminder that the justice minister, whose mission is to oversee law enforcemen­t, should not directly command the investigat­ion of a special case, in order to guarantee the prosecutio­n’s autonomous decisions and fair investigat­ions.

For this reason, Minister Choo should have been more cautious in exercising her authority over the prosecutio­n. Her action is now seen as tremendous pressure on Yoon to step down. Many lawmakers of the ruling Democratic Party of Korea (DPK) have already made verbal attacks on Yoon in a thinly veiled attempt to force Yoon out of the agency because he has refused to stop investigat­ing the inner circle of the incumbent power.

It is wrong for the government to try to tame the prosecutio­n chief and his agency. This also runs counter to President Moon’s much-avowed prosecutio­n reform. The core part of this reform is to promote the neutrality and independen­ce of the prosecutio­n in order to firmly establish the rule of law.

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