The announcement by prosecutors at the Seoul Central District Prosecution is too provocative to be seen as the result of agonizing over how to bring about a better proposal. "A major institutional change is being decided by compromise among a few interested parties," they announced, saying no to the whole discussion. Their argument is not convincing, however, because the committee has representatives from the courts and civic groups, prosecutors, lawyers, and law professors participating, and since it has been in discussion since 2003. It is entirely unbecoming of prosecutors who need to be enforcing the law to want to "swallow what's sweet and spit out what's sour." To the people it will look like moves on the part of people with power in an attempt to protect their turf. They essentially admitted that their behavior has not been prudent when they said they could accept the committee chairman and justice minister's agreement of May 3rd, only to say they were withdrawing that decision a few hours later. Meanwhile they demanded that any plan go through a process of national consensus, and were sure to issue a "threat" by saying they will take action in response, such as holding a national prosecutors' association meeting. They need to ask themselves whether or not they are making a miscalculation and wrongfully assuming thy have the people's support.
In the process of democratization people in the legal profession have come to be seen as the most powerful in our society. Those who are given authority are supposed to have a deep sense of discernment and responsibility. If they agree on the need to give court trials a more prominent role in the process then they need to stop trying to destroy the whole framework of the discussion and take issue with the details and procedures. The committee's proposal will now go to cabinet-level review and then be sent to the National Assembly. If there are aspects of the proposal that need improvement, then prosecutors need to work within the existing framework.
The Hankyoreh, 6 May 2005.
[Translations by Seoul Selection (PMS)]