With a little over a month left before the abolition of the Prosecution Service and the launch of the Public Prosecution Office, the replacement of the Minister of Justice is set to make the settlement of the new criminal justice system the first test for the incoming Minister. Even the draft of the organizational regulations detailing the headcount and structure of the Public Prosecution Office has not yet been released, while the selection of a prosecutor general and follow-up appointments for senior officials must be resolved all at once.
According to legal sources on the 31st, if lawmaker Kim Seung-won of the Democratic Party of Korea takes office as Minister of Justice after a confirmation hearing, the most urgent task will likely be preparing for the launch of the Public Prosecution Office scheduled for Oct. 2.
◇ One month left until the launch of the Public Prosecution Office… even the organizational regulations are not out
There is a little over a month left to transition the Prosecution Service into the Public Prosecution Office, but the draft organizational regulations containing the headcount and structure of the Public Prosecution Office have not yet been made public. In effect, the new Minister will have to finalize preparations immediately upon taking office.
Another task is to establish a cooperation framework among the police, the Serious Crimes Investigation Agency, and the Public Prosecution Office as the prosecution's supplementary investigation authority is fully abolished. According to the revised investigation rules disclosed by the Ministry of Justice on the 28th, before notifying a supplementary investigation, the police must go through a prior consultation process, including sending a comprehensive investigation report to a prosecutor. A basis was also laid for the Public Prosecution Office to cooperate with joint investigation teams formed by investigative bodies when a major case occurs.
Because the new investigation rules are being implemented for the first time, the key is to minimize conflicts and confusion among investigative bodies. With the prosecution's direct investigation function gone, the Ministry of Justice must play a coordinating role so that the new criminal justice system—in which the police and the Serious Crimes Investigation Agency investigate and the Public Prosecution Office handles indictments and maintains prosecutions—works properly in real cases.
However, Kim has been classified within the Democratic Party as part of the "hard-line prosecutorial reform" camp, which has advocated abolishing prosecutors' supplementary investigation authority. Accordingly, there is speculation that follow-up measures under the amended Criminal Procedure Act will likely be pushed forward swiftly in line with the principle that "prosecutors do not investigate."
◇ No prosecutor general and senior appointments still pending… a test for organizational stability
Stabilizing the prosecution organization as it transitions into the Public Prosecution Office is also a major task. First, selecting a prosecutor general to lead the Public Prosecution Office is urgent. The prosecutor general post is currently vacant after acting chief Gu Jahyun expressed an intention to resign. Under the Public Prosecution Office Act, the Minister of Justice forms a Prosecutor General Candidate Recommendation Committee, and from at least three candidates recommended by the committee, the Minister must nominate a candidate for prosecutor general to the president.
Follow-up appointments for senior prosecution officials are also drawing attention. With recent appointments for rank-and-file prosecutors completed, appointments remain for chief prosecutors and deputy and division chiefs. Because these are likely to take place after the Minister takes office, the future direction of the Public Prosecution Office's operations will become apparent depending on what appointments the new Minister makes. A prosecutor at a Seoul-area district prosecutors' office said, "Looking at the lineup of senior appointments will reveal the intent for how to run the Public Prosecution Office going forward."
◇ Co-chair of the "prosecution withdrawal group"… political neutrality controversy as a variable
Kim's political moves are also a variable. After the launch of the Lee Jae-myung administration, Kim served as co-chair of the group known as the "prosecution withdrawal group," formally titled the "lawmakers' group to push for withdrawal of the prosecution in President Lee Jae-myung's case and a parliamentary probe." Depending on how the issue of actually withdrawing prosecutions is handled after taking office as Minister, resistance could grow not only within the prosecution but also across the legal community.
Kim, a native of Suwon, Gyeonggi, graduated from Suseong High School and Seoul National University School of Law and completed the 28th class of the Judicial Research and Training Institute. After serving as a judge at the Jeonju District Court and the Suwon District Court, Kim opened a law practice in 2009. Kim later worked as an administrator at the Presidential Office and was elected in the 21st and 22nd general elections as the Democratic Party's candidate for Suwon-gap, Gyeonggi. Kim has served as a member of the National Assembly's Legislation and Judiciary Committee, a member of the Democratic Party's Committee for Countering Prosecutorial Dictatorship and Political Oppression, and as legal affairs chief.