President Lee Jae-myung on the 19th cited the so-called prosecution's "$0.75 choco pie theft indictment" case and called for institutional improvements to how prosecutorial discretion is exercised in minor crimes.
At a Ministry of Justice–Supreme Prosecutors' Office work briefing held at Government Complex Seoul, President Lee asked Acting Prosecutor General Koo Ja-hyun, "Why did you indict over a 1,000-won choco pie?"
Koo said, "The victim company expressed a strong intent to seek punishment, and the case proceeded to the end without settlement, leading to an indictment," adding, "However, the case concluded when we withdrew the appeal."
He went on, "This has prompted us to consider exercising prosecutorial discretion in line with public expectations. We are preparing guidelines on how to handle minor crimes."
Minister Jung Sung-ho also noted that the suspect had a prior record and was not a first-time offender, citing it as part of the background for the indictment.
In response, President Lee pointed to a fundamental institutional problem. Lee said, "Other countries reportedly have rules for these cases (minor crimes)," adding, "In Korea, even for a 10-won loss, theoretically we must either suspend indictment or indict." He continued, "Picking up and taking a 10-won safety pin is misappropriation of lost property, but do we really need to indict in cases like this?"
He then urged, "Shouldn't we create a system under which cases with no punitive value are not indicted?" Minister Jung replied, "We will review it."
Lee also said, "From the perspective of frontline prosecutors, they may choose to indict out of concern they could be reprimanded if they suspend indictment," adding, "We should probably create a path for (prosecutors)."
Minister Jung agreed, saying, "That's right," and added, "From the public's viewpoint, indicting such a case itself can feel like abuse or misuse of prosecutorial discretion."
The "choco pie case" refers to a controversy last year in which a security guard, identified as A, at a partner company of a firm located in North Jeolla Province ate a choco pie and a custard from the office refrigerator and was accused of theft. A was acquitted on appeal.