Why a Former Judge, and Not a Prosecutor, Was Appointed to Head the Corruption Investigation Office for High-ranking Officials

[경향신문]

On December 30, Kim Jin-wook, a researcher at the Constitutional Court who was selected as the final nominee to head the Corruption Investigation Office for High-ranking Officials, answers questions from reporters as he gets off work. Kim Chang-gil

Kim Jin-wook, a former judge and a researcher at the Constitutional Court, was nominated as the founding chief of the first ever Corruption Investigation Office for High-ranking Officials. Cheongwadae may have chosen a former judge to lead the Corruption Investigation Office to concentrate on reforms in law enforcement agencies, such as the police and the Prosecution Service. The new Corruption Investigation Office will have to prove the purpose of its existence and to complete reforms in the Prosecution Service promoted by the Moon Jae-in government. But questions were raised as to the nominee’s investigation capacity. The opposition party opposed the nomination claiming procedural issues in the launch of the Corruption Investigation Office as well as problems of the new office’s political neutrality and independence.

On December 30, President Moon Jae-in nominated Kim Jin-wook among the final two candidates, reaffirming the meaning of the launch of the Corruption Investigation Office--completing reforms in the Prosecution Service. Earlier on December 28, the nomination committee selected Kim and Lee Kun-ree, a former prosecutor and vice chairman of the Anti-Corruption and Civil Rights Commission, as candidates to head the new investigative office. President Moon’s choice of a former judge has some experts arguing that he put more weight on keeping the Prosecution Service in check. A key Cheongwadae official met with reporters and said, “We expect Kim to maintain the neutrality of the investigation office and greatly contribute to establishing the new office as an anti-corruption investigation agency that conducts investigations promoting human rights and investigations with no sanctuary when it comes to the corruption of people in power.”

The opposition party argued that a former prosecutor with a rich experience in investigations should head the new investigation office. Cheongwadae spokesperson Kang Min-seok mentioned Kim’s experience on the special prosecutor’s team that investigated questionable involvement encouraging a strike at the Korea Minting and Security Printing Corporation (KOMSCO) and said, “He has a wide variety of legal experiences.”

The founding investigation office will play the role of realizing reforms in the Prosecution Service, which the Moon Jae-in government had pledged. The success or failure of reforms in the Prosecution Service is practically linked to whether or not the Corruption Investigation Office firmly establishes itself as a lasting institution. Thus experts claim that political neutrality and independence must be the top values in the first ever Corruption Investigation Office. Lim Ji-bong, a professor at Sogang University law school said over the phone, “The head of the Corruption Investigation Office must be a shield blocking outside pressure from agencies such as the Prosecution Service, the government, ruling and opposition parties, which could approach the prosecutors in the investigation office.” He further said, “The greatest mission will be to secure the political neutrality and independence of the investigation office.” Kim Han-kyu, former chairman of the Seoul Bar Association, said over the phone, “Some politicians claim that Prosecutor General Yoon Seok-yeol will be the first to undergo an investigation by the Corruption Investigation Office,” and argued, “But the new investigation office should not investigate such politically controversial cases. The moment it gets swept into such a case, the Corruption Investigation Office will either become a monster or an empty shell.”

The People Power Party opposed the latest decision, pointing to problems in the overall nomination process. The opposition party released comments referring to Kim as a “pro-Moon chief desperately defending Cheongwadae,” and “a puppet,” and questioned his political neutrality. The party’s floor leader Joo Ho-young appeared on KBS radio and mentioned Kim’s confirmation hearing and said, “We will not let it pass,” warning of a thorough verification process. As for the personnel recommendation committee, which will select prosecutors for the Corruption Investigation Office, he said, “I have no intention to avoid it, if its structure can actually reflect the views of the opposition party.”

The deputy chief of the Corruption Investigation Office is be recommended by the chief and appointed by the president, but the appointment of investigative prosecutors in the Corruption Investigation Office is handled by the personnel committee, consisting of seven members including two from the opposition party. But since the committee can pass a decision with four or more votes, the committee can still appoint prosecutors despite opposition from the opposition party members. The opposition party is likely to delay the process by postponing recommendations by the personnel committee.