Minister Jeong Seong-ho has recently been expressing views different from those of the Democratic Party of Korea regarding prosecutorial reform. He agrees on the need to separate the prosecution's investigation and indictment functions, but there are differences in the approach to implementation. Legal experts suggest that Minister Jeong is actively engaging in public discourse to create a prosecutorial reform plan that aligns with reality.
On the 27th, Minister Jeong wrote on his personal Facebook, "I have a firm stance that the prosecution should not have investigative authority." He later said, "However, we need to consider how to design the system to maintain investigative capabilities for serious crimes, prevent abuse of investigatory powers, and ensure proper democratic oversight." This was a clarification after his remarks made on the 25th and 26th in the National Assembly were interpreted as opposing the ruling party's proposal.
The Democratic Party is currently pursuing a plan to abolish the prosecution office and establish a Serious Crimes Investigation Agency under the Ministry of the Interior and Safety to handle major investigations. The prosecution's responsibilities for indictments and maintaining charges will be transferred to a newly established indictment office under the Ministry of Justice. Additionally, they are considering setting up a National Investigation Commission under the Prime Minister's Office to oversee all investigative agencies and grant them the authority to conduct audits and review investigations. This would prevent the prosecution from conducting primary investigations as well as supplementary investigations on police cases, limiting their role to only indictments and maintaining charges.
During the full meeting of the National Assembly's Special Committee on Budget & Accounts on the 25th, Democratic Party lawmaker Song Gi-heon asked Minister Jeong whether the core of prosecutorial reform is the separation of investigation and indictment. In response, Minister Jeong said, "That's right," adding, "The primary goal is to separate the authority for the prosecution to initiate or independently conduct investigations."
However, Minister Jeong noted, "Currently, the prosecution can request supplementary investigations or re-investigations, leading to cases bouncing around like a ping pong ball, resulting in processing times that are more than double compared to the past," and added, "We must carefully consider the possibility of these issues being exacerbated." He further remarked that it is essential to consider various factors, such as whether to transfer all cases or if not, how to reduce investigative authority, and to what extent to allow supplementary investigations on transferred cases.
Minister Jeong also expressed de facto opposition to the Democratic Party's plan to situate the Serious Crimes Investigation Agency under the Ministry of the Interior and Safety. He stated, "If all four investigative agencies—the police, the National Investigation Headquarters, the CIO, and the Serious Crimes Investigation Agency—are under the Ministry of the Interior and Safety, authority will be concentrated." He also mentioned concerns about converting the existing prosecution office into an indictment office, stating, "There are constitutional issues raised by some individuals regarding the provisions related to the appointment of the Prosecutor General and other regulations concerning prosecutors."
Regarding the National Investigation Commission, he stated, "According to the current proposal, the Commission will be responsible for handling police cases that are not prosecuted, which currently number over 40,000, and it is physically impossible for an independent administrative committee to deal with more than 40,000 cases."
On the 26th, when the People's Power Party lawmaker Jeong Jeom-sik asked Minister Jeong whether it is appropriate to abolish the prosecution organization, Minister Jeong responded, "Though it may be expressed as disbanding the prosecution, I understand it as a process of redistributing the functions that the prosecution has performed." He also indicated that regarding the abolition of the prosecution's supplementary investigation authority, "It is not yet the official position of the Democratic Party." He emphasized, "It is crucial to have institutional mechanisms to supplement the inadequate investigations by primary investigation agencies, especially the police."
When lawmaker Jeong raised concerns that abolishing the prosecution office could weaken the professionalism of prosecutorial investigations, Minister Jeong responded, "I consider it a very important task." He added, "Especially in financial crimes that disrupt the capital market, such as stock manipulation, or tax issues, which require sophisticated investigative techniques and involve extensive legal questions, we need to think about how to transfer this professional investigative capacity to the Serious Crimes Investigation Agency."
In the legal community, there is an analysis that Minister Jeong's differing views from the Democratic Party reflect his own convictions and the intentions of President Lee Jae-myung. A legal expert with experience as a prosecutor stated, "Minister Jeong has been someone who seeks consensus by persuading others rather than being obstinate and stubborn," adding, "He is likely to pursue practical changes that benefit the lives of the people rather than being fixated on radical reforms." President Lee also encouraged Minister Jeong in a closed meeting on the 18th by saying, "If there are sensitive core issues, it is right to listen to diverse opinions and ensure they are sufficiently discussed and debated."
Meanwhile, the Ministry of Justice and the Democratic Party's Special Committee on Prosecutorial Normalization were set to hold a closed party government meeting at 3 p.m. on the same day to discuss the prosecutorial reform plan, but the schedule has been reported as canceled.