The figure with the most appearances on media headlines in 2020 may perhaps be Yoon Seok-yeol, the Prosecutor General of South Korea. Even the most subtle moves of Yoon were carefully observed, regardless of whether his actions were a countenance or a statement. In December 2020, the disciplinary committee at the Ministry of Justice approved the disciplinary action of Yoon. However, the Administrative Court of Seoul adjudged the invalidity of the castigation. As such, since the Cho Gook incident, Yoon and the ruling party have undergone a political conflict, exhausting the public.
On November 16, 2020, the former Minister of Justice, Choo Mi-ae, claimed castigation of Yoon, asserting that signs of corruption were discovered during an inspection. A disciplinary committee was convoked and on December 16, the committee approved of four allegations deserving disciplinary action: inspecting the Department of Justice, interfering with the investigations of the Channel A case and the case of former minister Han Myeong-sook, and not remaining as politically neutral as he should. The committee decided upon suspension of Yoon, without pay, for two months.
In response to opinions that the measure was political retaliation directed at Yoon, Professor Jung Han-joong (Department of Law, Hankuk University of Foreign Studies), who served as the chairman of Yoon’s disciplinary committee, maintained that the decision to penalize was based on facts and evidence. However, Yoon objected to the decision, calling it illegal and politically motivated with the intention to remove him from office. He filed a lawsuit, claiming that the political neutrality and independence of the prosecution are being seriously damaged, ultimately violating the constitution. The Administrative Court of Seoul granted the claim of Yoon, ordering the revocation of the castigation.
Discord Between Yoon and the Ruling Party
The discord was initiated by the Cho Gook incident in 2019 when the independent counsel organized by Yoon investigated accusations related to Cho, the former Minister of Justice. Cho was charged with association with illegal funds and the fabrication of his daughter’s career experiences while at the core of President Moon Jae In’s government. At the time, Cho was preparing to spearhead the installation of the Senior Government Official Corruption Investigation Division, the existence of which will diminish the prosecution’s power. Therefore, the independent counsel was criticized by the ruling party which claimed that the investigation was overly severe and politically motivated to unseat Cho from his position as the Minister of Justice.
The subsequent conflict between Cho’s successor, Choo, the former representative of the ruling party, and Yoon continued for a year. They openly criticized each other, accusing each other’s family of being involved in corruption. The conflict was at its zenith when Choo called for the castigation of Yoon. President Moon approved of the requisition, and so a disciplinary committee was held. After the court’s decision that the disciplinary action is illegal, Choo resigned from her position and Park Bum-kye was chosen as her successor as Minister of Justice. Since Park, as Choo, is one of the core members of the ruling party, the possibility of the conflict persists, such as issues pertaining to personnel affairs of Yoon’s advisors.
The issue is whether or not the castigation of Yoon is a political reprisal or an obligatory move for the prosecution reform. “The purpose of the Act of Discipline on Prosecutors, by presenting the Minister of Justice who is a neutral third party as arbiter of castigation, is to prevent power abuse when the prosecutor general takes disciplinary action against prosecutors. However, the minister used the system to give castigation to Yoon, which is not against the law because prosecutor general himself is one of the prosecutors, but which is against the purpose that one cannot cast disciplinary action arbitrarily,” stated Professor Jang Young-soo (School of Law). According to Professor Jang, it is hinted that the former Minister of Justice may have had political intentions.
Politics — Its Meaning and Ultimate Purpose
By definition, politics indicates the activity of mediating the dissension and conflicts that emerge in a community and solving communal problems which influence various people. On the other hand, Max Weber, socio-political scientist of early twentieth century, asserts that politics can be defined as dynamics to dominate and distribute power. Both explanations are in part true. Solving collective issues requires power; at the same time, however, politics must also work to ensure the welfare of the people and sustain order in society. It should be noted that politics not only means attaining power but also using that power for communal welfare.
However, the political circles of South Korea may currently be overemphasizing the significance of political power struggles rather than pending issues related to citizens. Through the prolonged conflict, it can be seen that the original purpose has disappeared and the conduct of merely criticizing has taken its place. To illustrate, the National Assembly, The Legislation and Judiciary Committee of National Assembly held on December 2, 2020 for example, bypassed various crucial bills that concerned public welfare.
The opposition party concentrated on criticizing Choo rather than tending to the livelihood of the people. Only deputies from the ruling party attended the public hearing to discuss The Act of Fatal Accident. As a result, the act, ratified on January 8, has several loopholes. As such, the legislation of bills closely related to public welfare remain neglected as the National Assembly has been in a swamp of conflict. The focus of politicians was on political strife, failing to grasp the voices of the people.
Prosecution reform is a goal that the government promised to achieve in order to prevent coercive investigation and corruption of the institution; however, the slogan seems to deteriorate. It is disputable whether the establishment Senior Government Official Corruption Investigation Division is congruent with the reform. “This new division lacks preventive measures to separate it from the government power,” mentioned Professor Jang. Politicians have to look for ways to achieve genuine prosecution reform to guarantee fundamental human rights and augment general welfare, excluding political calculations.
The persistent dispute between Yoon and the ruling party that has begun since the investigation of Cho and reached its peak with Choo has caused exhaustion to the people. During the political conflict, people were neglected and there were only individuals striving for power. Politics signifies solving communal problems. When politics only means gaining power through competition and reprisal against an opposing party, society cannot perdure nor progress. The government and National Assembly should be sure to acknowledge this and direct the attention to primary issues regarding its people and public welfare. Listening attentively to people and projecting their needs into actual policies is what the politicians may need to keep in mind.