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Friday, November 30, 2012

[Editorial] Prosecution in crisis


Published : 2012-11-30 19:54
Updated : 2012-11-30 19:54
The prosecution, whose reputation has recently been smeared by bribery and sex scandals involving prosecutors, had intended to announce a sweeping reform Friday. But the plan was shelved indefinitely, as Prosecutor-General Han Sang-dae, whose leadership was challenged by his subordinates, cancelled it and resigned from his post.

The source of the conflict was a key item of the prosecutor-general’s reform plan ― the proposal to abolish the Central Investigation Department in the Supreme Prosecutors’ Office, which has often been denounced for biased inquiries into politically sensitive cases.

Upon learning about the prosecutor-general’s decision, the department chief Choi Jae-kyung revolted. In response, the prosecutor-general took thinly veiled disciplinary action, ordering his auditors to start an inquiry into an allegation that Choi offered his advice on media relations to a prosecutor who had been arrested on charges of bribery.

The prosecution had already been shaken to the roots by an allegation that a prosecutor had taken hundreds of millions of won from the operator of a pyramid scheme and a mid-level business group. The bribery case was followed by another scandal, this time an allegation that a junior prosecutor performed sexual acts with a criminal suspect in his office as well as at other locations.

No less scandalous was an attempt by a prosecutor to deceive the public. In a statement posted on the prosecution’s intranet, he demanded sweeping reform, proposing a wide range of measures to regain public trust.

But in a message he had intended to send to a fellow prosecutor, he proposed making noise about petty reforms for a public relations effect, so that the prosecutor-general could pretend that he took the plunge and accepted some of the proposals. But the message was made public when it was mistakenly sent to a journalist, provoking a furious reaction from the public. The message bolstered long-held suspicions that the prosecution often sacrificed the public interest in favor of that of powerful figures.

For his part, the prosecutor-general lost the moral high ground when he reportedly turned down a request from a prosecutor to demand seven years in prison for Chey Tae-won, chairman of SK Group, who was charged with embezzling 60 billion won ($55 million). Instead, he reportedly ordered him to demand four years for him in court. The prosecutor-general and the SK chairman, who are university alumni, are reportedly close enough to play tennis together occasionally.

Against this backdrop, many senior prosecutors sided with the chief of the Central Investigation Department in demanding that Han resign from his post. In reply, Han said Thursday that he would tender a letter of resignation in what he called a way of confirming whether or not President Lee Myung-bak maintained confidence in him.

President Lee made no comment on Han’s offer to resign. Instead, he told the justice minister to settle the dispute. But what would the president’s trust be for if Han lost the confidence of his own subordinates in an organization that prides itself on loyalty and discipline? Lee accepted his resignation Friday.

As proven by the latest developments, the prosecution has no capacity for self-reform. It needs to place itself under the scalpel of outsiders if it is to be reformed as a trustworthy law-enforcement agency. With reform held at bay, the prosecution has been abusing its near exclusive power to file charges against criminal suspects.

A case in point was its investigation into an allegation that the law was breached when plots of land were purchased for Lee’s retirement home and the office for his security officers last year. The prosecution didn’t file charges against anyone involved in the case. But an independent counsel, which had recently reopened the case, brought three security officers to stand trial.

The prosecution’s leadership crisis has come at a time when major presidential candidates, in response to demands from the public and civic groups, have pledged to rein in the agency. Among their proposals is the creation of a new agency empowered to conduct criminal investigations into cases involving the first family, lawmakers, cabinet members and judges as well as prosecutors. They also include the prosecution sharing investigative power with the police.

The electorate has few better chances to demand a reform. The prosecution needs a drastic one because, as the adage goes, absolute power corrupts absolutely.

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