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South Korean President Moon Jae-in presides over a Cabinet meeting at the Blue House on Sept. 29. (Blue House photo pool)
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Analysts prosecutors have “crossed the line” in investigation of Cho Kuk
South Korean President Moon Jae-in sent an overt message of warning to prosecutors on the importance of the “restrained exercise of prosecutorial authority.” The direct reference by a South Korean President to an investigation by prosecutors is seen as highly unusual. According to analysts, it signals that prosecutors have crossed the line of acceptability with their investigation methods against Minister of Justice Cho Kuk and the public opinion campaign they are currently waging. In a Sept. 27 briefing, Blue House Spokesperson Ko Min-jung quoted Moon’s remarks while discussing the “rigorous investigation of allegations connected with Cho.” “I hope the prosecutors will reflect on the fact that even as they seemingly dedicate all their capabilities to a rigorous investigation without being subject to any interference, calls for prosecutorial reform have only been growing more vocal,” Ko quoted Moon as saying. “In addition to legal and institutional reforms like establishing an institution for investigating government officials or adjusting investigation authority, there also need to be reforms to the ways in which prosecutorial authority is exercised and investigation practices,” he also reportedly said. Ko further quoted Moon as saying, “The prosecutors are an organization that directly exercises public authority against citizens, and it is of paramount importance that prosecutorial powers are exercised in a way that is rigorous yet restrained and respectful of human rights. “I ask the prosecutors to bear in mind in particular that they share in the historical mission of the independence of investigation rights and prosecutorial reforms that the entire public desires, and are the agents of those reforms.” Moon’s criticizes prosecutors’ failure to leave behind old investigation The focus of Moon’s message was on calling attention to the investigation practices and the ways in which prosecutors have exercised their authorities. A senior ruling party figure explained, “While the language might seem restrained, this message was really one of considerable anger and reproach toward the prosecutors.” “He was criticizing the prosecutors’ failure to leave behind their old investigation practice even when they have had more freedom to investigation than under past administrations,” the official said. “I think he felt the need to clearly state how the prosecutors themselves are responsible for the growing calls for prosecutorial reform,” the official added, suggesting there was also a need to send a warning message to prosecutors over their continued use of “shaming” tactics to influence public opinion, as with leaks about securities world jargon being used in text messages by Cho’s wife. Observers in and around the Blue House said the instigating factor behind Moon’s remarks may have been a controversy that surfaced a day earlier over a telephone conversation between Cho and a prosecutor involved in a search and seizure operation. With the prosecutors’ announcement of allegations perceived as having reached severe levels, the incident was seen as clearly illustrating the “logrolling” between prosecutors and the political opposition. The ruling party believes the prosecutors leaked the conversation in an attempt to reverse the tide of public opinion on its “excessive” and “protracted” investigation tactics, which has intensified in the wake of investigations of Cho’s daughter and son and an 11-hour raid on his home. Shortly after Moon’s message was shared, the Supreme Prosecutors’ Office (SPO) released a statement saying the prosecutors would “investigate rigorously according to legal procedure based on a respect for human rights in accordance with the spirit of the Constitution” and “do our utmost for the reforms that the public desires.” In effect, the SPO’s immediate response to the President’s criticisms was to maintain that there were no issues with its investigation, which was taking place “according to legal procedure.” Moon’s message drew strong objections from the political opposition, with Liberty Korea Party Spokesperson Kim Myung-yeon accusing Moon of “joining Minister Cho in attempting to cow the prosecutors.” On the ruling party side, Democratic Party Spokesperson Lee Hae-sik said the prosecutors should “take the President’s words to heart.” By Lee Wan and Lim Jae-woo, staff reporters Please direct comments or questions to [english@hani.co.kr]
