Kim Seung-won, the nominee for justice minister who had been embroiled in allegations including lobbying over a new drug approval, withdrew on the 19th. He had counterattacked against independent lawmaker Han Dong-hoon, who had dug into the allegations surrounding him, vowing to "get to the bottom of the full scope of this fabrication scandal involving the illegal leaking of investigative secrets." But he was pushed further into a corner as additional allegations surfaced over past sexual harassment, drunk driving and abuse of authority. President Lee Jae-myung, however painful the decision, must order a thorough investigation into the facts and restore trust in the rule of law. He also needs to look back at the tangle of personnel vacancies across the institutions that make up the criminal justice system.
With the justice minister's post now empty, most of the top posts overseeing prosecution, investigation and public safety are also vacant. The selection of a national police commissioner has been delayed for one year and nine months, and no candidate has even been named for chief of the Public Prosecution Agency. That appointment is tied to the naming of a justice minister and could be delayed considerably longer. Attorney Kim Ji-yong, a former prosecutor, was nominated to head the Major Crimes Investigation Agency, but the Presidential Office has begun a renewed vetting after hard-liners within the ruling party objected, taking issue with his past opposition to separating investigative and indictment powers.
Earlier, the ruling party pushed through bills known as "complete stripping of prosecution powers," abolishing the Prosecution Service and removing prosecutors' authority to conduct direct and supplementary investigations, without sufficient deliberation or preparation. Despite warnings from experts about the side effects, the government promulgated the legislation after a Cabinet vote. Having done so, the ruling party is now shaking up the selection of the ministry and agency heads who must clean up the aftermath, while the government looks over its shoulder — the height of irresponsibility. If the new Criminal Procedure Act built around this overhaul takes effect on Oct. 2 under these conditions, it is doubtful that investigation, indictment and trial procedures will run without disruption. The public stands to be harmed.
President Lee should appoint Kim Ji-yong in line with principle and procedure, barring serious ethical or legal problems, to prevent chaos in the criminal justice system. He must also overhaul the personnel vetting system and find a new justice minister candidate who meets public expectations and will not reignite controversy over shielding the president from legal risk. Because the justice minister who would recommend the appointment of a prosecution agency chief is absent, the Public Prosecution Agency is likely to launch next month without a head. At a minimum, the government must move quickly to secure enough staff and an organizational structure so that core functions such as maintaining prosecutions are not disrupted. The national police commissioner, too, should be chosen from among capable and neutral figures able to direct transparent, fair and rigorous investigations. If these appointments are swayed by the ruling bloc's "insurrection frame," the new criminal justice system will be labeled from birth as vulnerable to political influence.
