The Korea Herald

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Prosecution reform plan faces hurdles

Debates rekindled over establishing special entity to probe senior officials

By Ock Hyun-ju

Published : May 14, 2017 - 15:39

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As South Korea’s new President Moon Jae-in signals his strong determination to overhaul the state prosecution, eyes are on whether a new investigation entity devoted to probing corruption cases involving senior public servants will finally be established.

The creation of the body with independent power to investigate and indict high-ranking officials in the judiciary and civil service as well as their family members is the core of Moon’s pledges to reform the prosecution.

His reform plan has received support from many in the wake of the corruption scandal involving ousted President Park Geun-hye, high-ranking officials from the government and ex-prosecutors.

Rep. Oh Sin-hwan of the Bareun Party (Yonhap) Rep. Oh Sin-hwan of the Bareun Party (Yonhap)

On the campaign trail, Moon’s rivals -- candidates for the minor conservative Bareun Party, the centrist People’s Party and minor progressive Justice Party -- also all pledged to establish the independent body.

But the prospects turned grim as the main opposition Liberty Korea Party opposes the plan. Its splinter Bareun Party earlier supported it as part of its official election platform, but now remains lukewarm in backing it. They together hold 127 seats in the parliament.

The ruling Democratic Party of Korea and the centrist People’s Party -- jointly holding 160 seats of the 300-seat National Assembly -- submitted a bill in August to set up the entity. The bill needs approval from at least 180 lawmakers to be passed.

According to the bill, the independent body would be composed of up to 20 special prosecutors. The chief of the body would be recommended by the parliament and appointed by the president after undergoing a confirmation hearing.

“The new body will only be another prosecutorial organization, which holds the rights to investigate and indict and is specialized in probing high-ranking officials,” said Rep. Oh Shin-hwan of the Bareun Party, in a stark contrast to its presidential camp’s pledge.

Rep. Kwon Seong-Dong of Liberty Korea Party, who also serves as chairman of the judiciary committee in the National Assembly, said the independent investigation body could not save the prosecution from political influence.

“As soon as Moon was sworn in, he is ordering the civil affairs secretary to open investigations into this and that. The practice of the president peddling influence over the prosecution should first be improved rather than establishing a new body,” he said.

Park, who is in detention, was removed from power and is on trial over allegations she let he close friend Choi Soon-sil meddle in state affairs and she received bribes from local firms, among other charges. Several other ex-presidential aides and ministers are also standing trial for their involvement in the scandal.

Former prosecutor Woo Byung-woo (Yonhap) Former prosecutor Woo Byung-woo (Yonhap)

In the process, the prosecution drew criticism that it was politicized in favor of the government and was lenient in investigating the corruption scandal, especially a case involving former prosecutor Woo Byung-woo.

Woo, a prosecutor-turned-presidential secretary for civil affairs under the Park administration, has avoided detention. He is suspected of neglecting his duty by condoning Choi’s meddling in state affairs and abusing his ties to the prosecution to sway investigations in favor of the government.

The previous Roh Moo-hyun administration also pushed reforming the prosecution, but failed to do so in the face of strong resistance from prosecutors. Moon was then serving as Roh’s secretary for civil affairs.

This time, Moon appears to be determined to complete the unfinished task to overhaul what is thought to be the nation’s most powerful organ with exclusive rights to investigate, arrest and indict criminal suspects.

He appointed Cho Kuk, a reformist law professor, as the new senior secretary for civil affairs on Thursday. The post, which has usually been filled by prosecutors, helps the president with legal affairs as well as oversees and prevents corruption in the prosecution, police and the National Intelligence Agency.

Cho, who has been a vocal advocate for the drastic reforms of the prosecution, vowed to make it less political, restore its transparency and the public trust.

“If the prosecution used its immense power properly, the Choi Soon-sil scandal would have been prevented,” Cho said. “I believe that creation of such a body is a way to truly save the prosecution, not to kill it.”

According to a survey conducted on 515 adults last year by local pollster Realmeter, 69.1 percent said they are in favor of creating an independent organization for corruption cases involving high-ranking government officials, while only 16.4 percent were against it.

By Ock Hyun-ju (laeticia.ock@heraldcorp.com)