(Seoul = Yonhap News) Reporter Choi Won-jeong = Kim Ji-yong was appointed as the first head of the Serious Crimes Investigation Office (Serious Crimes Investigation Office) after many twists and turns, but the gap between the heads of the Ministry of Justice and the Public Prosecution Service, the remaining axes of the new criminal justice system, is lengthening.
According to the legal community on the 18th, the position of the Prosecutor General, who oversees the Public Prosecution Office, has been vacant for 474 days since July 2 last year, and the position of the Minister of Justice has been vacant for 54 days since August 26 this year.
The Ministry of Justice's 'Prosecutor General Candidate Recommendation Committee' was formed on the 13th with former Prosecutor General Moon Moo-il as the chairman, and is accepting recommendations from the public until the 21st.
If the recommendation committee recommends three or more candidates, the Minister of Justice recommends one person, who is then appointed by the President after a National Assembly personnel hearing.
Considering this schedule, the first Prosecutor General of the Public Prosecution Office is expected to be appointed late next month at the earliest.
Lee Jeong-hyeon (58, 27th class of the Judicial Research and Training Institute), acting Prosecutor General (Deputy Director of the Public Prosecution Office), Park Cheol-woo (55th, 30th class), Director of the Seoul Central Regional Public Prosecution Office, and Seong Sang-heon (53, 30th class), Director of the Seoul Southern Regional Public Prosecution Office, are mentioned as candidates for the next president.
However, according to the current Public Prosecution Service Act, anyone other than a prosecutor with more than 15 years of legal experience can become the Prosecutor General, so the possibility of a 'surprise' selection of a former judge or professor is also carefully mentioned.
The Minister of Justice is selecting candidates from the beginning after former candidate Kim Seung-won, who was embroiled in suspicions of soliciting clinical trials for COVID-19 new drugs, failed to run last month.
Immediately after the resignation of former candidate Kim, the Hama-pyeong was circulated around the ruling party members of the National Assembly Legislation and Judiciary Committee and progressive legal experts, but as the vacuum was prolonged, it fell into the labyrinth again.
Vice Minister Lee Jin-soo, who is currently serving as acting minister, has been mentioned in the list of candidates for the next prosecutor general, but is leading the candidate recommendation process, so there is a possibility that he will be promoted to minister.
The Central Investigation Agency, which ‘started with open doors’ due to insufficient manpower and facilities, was appointed as the first Commissioner Kim Ji-yong on the 15th, 13 days after its launch, and is rushing to prepare for its first investigation.
Commissioner Kim plans to begin his work in earnest on the 19th by revealing his future plans to reporters and holding an inauguration ceremony during a doorstep on his way to work.
They have already been instructed to come to work on the 16th, the day after their appointment, and form a 'Task Force (TF) dedicated to organizational stability.'
Accordingly, case transfers are scheduled to begin in earnest, but there are concerns both inside and outside the Public Prosecution Office that there will inevitably be difficulties in the coordination process due to the absence of leadership to lead the Ministry of Justice and the Public Prosecution Office.
In particular, in a situation where many people who have expressed negative views on the existing prosecution system have been appointed to the command of the Central Investigation Agency, there are clear limitations in leaving it to discussions between working-level officials.
On the 'untraveled road' where investigative authority is completely deprived, standards for warrant requests, case transfers, and supplementary investigation requests with the police and the Central Investigation Agency must be clearly established and a collaboration system established.
The settlement of newly established departments, such as the non-transfer review department, and the handling of unsolved cases that must be completed by the end-of-year grace period are also considered tasks that the Prosecutor General and the Minister of Justice must solve.
There is also talk in the field that the main task of maintaining prosecution (trial) may be paralyzed due to a shortage of manpower.
The Public Prosecution Office is operating at 80-85% of the number of prosecutors stipulated in the current law without filling vacancies caused by transfers to the Central Investigation Office or resignations.
A prosecution official said, "The next president's top priority will be to stabilize the organization and boost morale, and for that to happen, trust within the organization must be the top priority." He added, "We need to appoint a head quickly to encourage prosecutors to adapt to new tasks and bring in as many experienced lawyers as possible."
It is pointed out that it is the newly appointed Minister of Justice and Prosecutor General who will ultimately be able to resolve the issue of cancellation of indictment in the case related to President Lee Jae-myung, which continues to be controversial.
On the 15th, the fact-finding team of the Ministry of Justice's Future Committee for Respect for Prosecution and Human Rights completed its first report on the 'wirye new town development corruption' for which President Lee was indicted.
The fact-finding team is also looking into allegations of abuse of prosecutorial investigative power in the remaining five cases in which President Lee was put on trial, including Daejangdong and remittances to North Korea.
There are predictions that if the Future Committee determines that there were serious illegal acts in the investigation and prosecution of these cases based on the results of the investigation, discussions on canceling the indictments at the political level will begin in earnest.
Previously, Acting Prosecutor General Lee Jeong-hyun caused controversy by leaving open the possibility when asked about President Lee's cancellation of the indictment on his first commute to work on the 23rd of last month, saying, "The fact-finding team is currently conducting an investigation, so I think we will have to look at the results."
Acting Justice Minister Lee Jin-soo also said during the Ministry of Justice's government audit on the 8th, "Former Minister Jeong Seong-ho also made it clear that the Ministry of Justice has no intention of ordering the indictment to be canceled due to specific case commands," but added, "What the (Future Committee) will do as a follow-up action will vary depending on the content," leaving room for interpretation.
Meanwhile, with the abolition of the Prosecutor's Office for the first time in 78 years, resolving the leadership vacuum is considered an urgent priority for the police, which has been left in charge of most investigations except serious crime investigations.
The absence of the head of the police has continued for 676 days since December 12, 2024, when former Police Commissioner Jo Ji-ho was suspended.
