Acting Prosecutor General Noh Man-seok on the 14th criticized the government's so-called "prosecution reform," saying, "A frustrating situation continues in which, without sufficient discussion or preparation for the inconveniences the public will experience due to major changes in the criminal justice system, there is a single-minded focus only on abolishing the prosecutors' office."
At a retirement ceremony held at 10:30 a.m. in the main conference room on the 15th floor of the Supreme Prosecutors' Office headquarters in Seocho-gu, Seoul, Noh said, "It is true that the public has not fully accepted the sincerity with which our prosecution has worked to protect the people from crime and safeguard the rule of law," and stated accordingly.
Noh said, "I feel regretful and sorry that I could not meet the expectations of our prosecution family, who, despite difficult circumstances such as staffing shortages and a surge in cases, are calmly and quietly striving to protect the people," he noted.
Earlier, on Sept. 26, the National Assembly, led by the Democratic Party of Korea, passed a revision to the Government Organization Act that abolishes the prosecutors' office. The law provides a one-year grace period before taking effect.
Accordingly, in September next year, the prosecution organization will be reorganized into the Public Prosecution Office under the Ministry of Justice, exclusively in charge of indictments, and the Serious Crimes Investigation Office (Jung-su-cheong) under the Ministry of the Interior and Safety (MOIS), exclusively in charge of investigating serious crimes. However, the specific authorities and organizational structures of the two institutions, and how to reassign existing prosecution personnel, have not yet been finalized.
It has also not been decided whether to grant the Public Prosecution Office, composed of prosecutors, the authority to order supplementary investigations regarding police and Serious Crimes Investigation Office probes. If the authority to supplement investigations is granted, when the Public Prosecution Office deems an investigation insufficient in a case forwarded by the police, it can summon those involved and conduct supplementary investigation directly.
On this, Noh said, "In Korean society, various new types of crime arising from recurring conflicts across gender, generation, and class, and increasingly sophisticated and intelligent crimes harming people's livelihoods are threatening the public's peaceful and safe lives."
He continued, "In discussions on restructuring the criminal justice system, the public's right to choose must be respected," adding, "It is necessary to seriously consider and reflect on whether the public would want their cases to be reviewed once more not only by the body that initially conducted the investigation, but also by prosecutors—legal experts—at the prosecution." He thus expressed the view that the authority to supplement investigations should be granted to the Public Prosecution Office.
After the prosecution abandoned its appeal in the "Daejang-dong development corruption case," strong backlash erupted within the prosecution. In response, Kim Byung-kee, floor leader of the Democratic Party of Korea, called it "insubordination" and said, "We will set public service discipline straight by allowing dismissal or removal of insubordinate prosecutors in accordance with the State Public Officials Act, just like other public servants."
On the same day, the Democratic Party submitted a bill to amend the Prosecutors' Office Act to allow the dismissal of prosecutors without impeachment proceedings at the Constitutional Court, and a bill to abolish the Prosecutor Discipline Act.
Regarding this, Noh said, "As the person representing the prosecution, and as I step down of my own accord out of concern for the future of our prosecution in light of recent events, I earnestly ask that discussions on disciplining prosecutors be halted."
On the ruling camp's claim of "insubordination," he said, "Members of the prosecution conveyed internal, overall concerns about the functions of the prosecution and its political neutrality," adding, "It is regrettable that some view this as insubordination or collective action."
Hello, members of the prosecution family. "Prosecutor" Noh Man-seok.
Today, as deputy chief prosecutor of the Supreme Prosecutors' Office and as a single prosecutor, it seems the moment has come to address you, the prosecution family, for the last time.
Now that I am actually standing here, I recall the faces of each and every one of you who toiled with me over about 26 years as a prosecutor, starting at the Daegu District Prosecutors' Office in 2000 and serving in Seoul, Daejeon, Busan, Gwangju, Suwon, and Geochang, among other places.
I would like to take this opportunity to thank all those with whom I have worked over the years—senior and junior prosecutors, investigators, and administrative officers—and to express my gratitude.
Members of the prosecution family.
In the process of discussing the direction the prosecution should take recently, it is true that the sincerity with which our prosecution has worked to protect the people from crime and safeguard the rule of law has not been well accepted.
Also, due to major changes in the criminal justice system, a frustrating situation continues in which, without sufficient discussion or preparation for the inconveniences the public will experience, there is a single-minded focus only on abolishing the prosecutors' office.
At this very moment, as acting prosecutor general representing the prosecution, I feel regretful and sorry that I have not met the expectations of our prosecution family, who, despite difficult and trying conditions such as staffing shortages and a surge in cases, are calmly and quietly striving to fulfill the mission entrusted by the people.
Also, as a senior to many junior prosecutors, I take seriously that I failed to decide and communicate, in a more persuasive manner acceptable to all, the grave significance of "investigation and maintaining prosecution" as the core hallmark distinguishing prosecutors from other investigative agencies.
Although today I lay down the title of prosecutor, before I leave, I wish to offer a few requests to you as one prosecutor who has loved and cherished the prosecution.
At present, in Korean society, the public's peaceful and safe lives are being threatened by various new types of crime stemming from recurring conflicts among genders, generations, and classes, and by increasingly sophisticated and intelligent crimes that harm people's livelihoods.
In discussions on restructuring the criminal justice system, the public's right to choose must be respected, and I believe it is necessary to seriously consider and reflect on whether the public would want their cases to be reviewed once more not only by the body that initially conducted the investigation, but also by prosecutors—legal experts—at the prosecution.
Furthermore, the prosecution itself stands at a critical crossroads of having to redefine the role it has performed for the past 78 years since the Constitution was enacted.
When we think of the many people who seek protection from crime and of our prosecution members facing unprecedented change, I hope that, rather than conflict and division, everyone will join forces to overcome the current difficulties. We may differ in opinion, and doubts may arise about the direction we should take.
But especially at such times, instead of turning away, reach out to one another, approach the colleague next to you first, and open your hearts in conversation.
Acknowledge differences yet each yield a step to narrow them, and return to basics so that, to become a "prosecution that stands by the people," all members of our prosecution family will unite in heart and devote themselves sincerely.
If such efforts continue, I believe the moment will come again when, as we have until now, we can work joyfully with pride and a sense of mission based on the people's trust.
Lastly, as the person representing the prosecution, and as I am stepping down of my own accord out of concern for the future of our prosecution in light of recent events, I earnestly ask that discussions, raised in some quarters, about disciplining prosecutors be halted.
Although members of the prosecution conveyed internally their overall concerns about the functions of the prosecution and its political neutrality, it is regrettable that some view this as insubordination or collective action. Please watch over us with generosity and lend your support so that all conflicts can be resolved and a unified prosecution can fulfill its original role of protecting the people from crime.
In addition, I hope that someone who possesses character, competence, and virtue in full will succeed me, comfort the hearts of our prosecution family, and steady the organization.
When the coming winter passes and spring returns, I think I will miss the moments I worked as a prosecutor and all of you in the prosecution family very much. Thank you for everything. Farewell.