The Anti-Corruption and Civil Rights Commission said Thursday that there is a possibility conflicts of interest may be present with the justice minister overseeing the prosecution while his wife is under investigation by the prosecution.

The commission said if a justice minister’s spouse is being investigated by the prosecution, the spouse can be seen as a person connected to the minister’s duties.

The commission made the statement in response to an inquiry by Rep. Lee Tae-gyu of the minor opposition Bareunmirae Party, who asked whether the minister continuing to function as the chief of the ministry that oversees the prosecution, when his spouse has been indicted as a suspect, would constitute a violation of the commission’s rules against conflicts of interest for civil servants.

Prosecutors are looking into allegations that Chung Kyung-sim, the wife of Justice Minister Cho Kuk, forged a document used for her daughter’s medical school application and was involved in running a shady private equity fund.

The commission referred to the laws on government organizations, prosecutors’ offices and codes of conduct for public officials as the basis for its answer.

According to Article 32 of the Government Organization Act, the justice minister administers duties concerning prosecution, the enforcement of sentences and other legal matters.

Article 8 of the Prosecutors’ Office Act says the justice minister, as chief superintendent supervising prosecutorial affairs, shall direct and supervise prosecutors in general, and with respect to specific cases, direct and supervise only the prosecutor general.

Article 5 of the Code of Conduct for Public Officials says public officials must disclose whether any of their duties affect their own relatives.

The commission said, however, that the Justice Ministry is responsible for reviewing or taking action on such reports by public officials.

Kim So-hyun (sophie@heraldcorp.com)