On December 30, 2019, President Moon Jae-in’s government passed the Anti- Corruption Independent Investigative Organization Law during the National Congress Meeting. In addition, President Moon appointed Choo Mi-ae as the Minister of Justice on January 3. These were the examples of prosecution reform, which President Moon had always emphasized before he won the presidential election. Public opinion is divided into two on the establishment of Anti-Corruption Independent Investigative Organization Law and the prosecution reform. How can the prosecution reform proceed in the right direction, gaining wide-support from the public?
Why is President Moon trying to carry out the prosecution reform? The prosecution has not shown trustworthy aspects, even though it should be the organization that people can believe in. Therefore, many governments in the past have tried to reform the prosecution but did not show much achievement. Moon’s government also tried to initiate prosecution reform through several measures, but this has brought controversies in Korean society about whether the government’s measures are the right way to reform. The goal of the current government is vague, and this is the main reason for controversy. Prosecution General Yoon Seok-youl claims that he follows justice and performs alongside the law, whereas President Moon orders the prosecution to work for society, and these two claims clash and produce debate within Korean society.
As a measure of reform, the ruling party, Democratic Party of Korea (DPK), established the Anti-Corruption Independent Investigative Organization Law during the Congress in December, 2019. The need for an organization to check and keep the balance with the prosecution in Korean society is undeniable. An organization that can share the authority of law had to be established in order to prevent the prosecution’s abuse of authority. However, the current government made the mistake of making the Anti- Corruption Independent Investigative Organization (AIIO) as a government-affiliated organization.
The current prosecution reform well-depicts the side effect of democracy. A democratic government always contains a risk of being a dogmatic government. In Japan and United Kingdom (UK)’s case, they have the cabinet that can restrain the authority of their president. On the other hand, for the countries that do not have a cabinet, it is hard to restrain the authority of the president. President Moon appointing Choo as the Minister of Justice clearly shows this side effect. She is one of the president’s closest people, and she easily became the minister without facing strong disagreement from minor parties.
As soon as she settled, she demoted several prosecutors who were close members of the Prosecutor General Yoon. In addition, the AIIO received greater authority than the prosecution, which means that a ruling party can wield its power on the prosecution. The organization’s name contains the word independent, whereas the role of the organization is to be subordinated to the government. In this way, the reform will lead to an unjust path, where the prosecution has to succumb to the ruling party and president.
It is true that most people in Korean society recognize the need for a prosecution reform, but the methods that Moon’s government uses are unjust. In fact, the prosecution itself also realizes the demand of people and it puts great effort to reach the expectation. Prosecution does not need intervention, but enough time to reform itself. Therefore, trusting Yoon’s prosecution and not intervening in the prosecution is the best way of reform.