The withdrawal of Justice Minister nominee Kim Seung-won has left President Lee Jae-myung facing three problems at once: finding a replacement, deciding whether to appoint Kim Ji-yong as the first head of the Major Crimes Investigation Agency, and overhauling the presidential office's personnel operation.
The search for a justice minister has returned to square one, and additional vetting of Kim Ji-yong is dragging on amid resistance from hardliners in the ruling party. With the launch of the new Prosecution Service and the Major Crimes Investigation Agency just over 10 days away, the new criminal justice system the government has touted as the fruit of prosecution reform will begin without leaders in its key posts. The successive failures of ministerial nominees have also fueled mounting criticism of the presidential office's personnel operation.
The presidential office appeared keenly focused on gauging public reaction to Kim Seung-won's withdrawal on the 20th. A day earlier, immediately after the withdrawal, it issued only a brief statement to the press saying it understood the nominee had made the decision to reduce the burden on state affairs.
Concern over the replacement is growing inside the presidential office and the ruling bloc. A two-term Democratic Party lawmaker from the Seoul metropolitan area said the government must find someone with deep expertise, given the imminent launch of the new criminal justice system, who also satisfies the demands of its staunchest supporters. The lawmaker said the various allegations surrounding Kim Seung-won had raised the public's expectations on ethical standards, further narrowing the pool of candidates available to the presidential office.
The next nominee will need legal expertise and a reformist record to steer the abolition of the prosecution service (the Prosecutors' Office) and the launch of the Prosecution Service and the Major Crimes Investigation Agency, along with the ethical record and political skill to survive a National Assembly confirmation hearing. Ruling party lawmakers with legal backgrounds and figures who have pressed for prosecution reform on the National Assembly's Legislation and Judiciary Committee are being floated, but analysts say finding someone who combines expertise, a reformist record and a clean personal record will not be easy.
Pending issues are also piling up at the Justice Ministry ahead of the launch of the Major Crimes Investigation Agency, including organizational restructuring and revision of subordinate regulations, the transfer of prosecution cases, personnel reassignments, and coordination with investigative bodies such as the new agency and the police. The ministry has had no minister for nearly a month since former Minister Jung Sung-ho stepped down on Aug. 26, and with Kim Seung-won withdrawing just 20 days after his nomination, the leadership vacuum in addressing those issues is set to continue.
The selection of the first head of the Major Crimes Investigation Agency has also failed to find a way forward. Interior Minister Yoon Ho-jung recommended Kim Ji-yong for the post on the 7th of this month, but after objections from hardliners in the ruling bloc, President Lee ordered additional vetting, and the request for a confirmation hearing has yet to be submitted to the National Assembly. The presidential office has said it is reviewing the matter closely without specifying when a conclusion will come.
Either pushing ahead with Kim Ji-yong or looking for a new candidate carries costs for the presidential office. Starting the confirmation process could reignite objections from ruling-bloc hardliners and some supporters who argue it would represent a retreat from prosecution reform. Gyeonggi Governor Choo Mi-ae, a leading hardliner on prosecution reform, publicly questioned the additional vetting of Kim Ji-yong on the same day, asking from what perspective it was being conducted. Choo argued that Kim Ji-yong was unfit to be the agency's first chief, citing his decision as head of the criminal department at the Supreme Prosecutors' Office to block a forensic examination of the mobile phone of Han Dong-hoon, then a chief prosecutor, that the investigation team had requested.
Withdrawing Kim Ji-yong's nomination, on the other hand, would require reconvening the candidate recommendation committee to find a new nominee. The Major Crimes Investigation Agency itself can launch on Oct. 2, the date set by law, but it would open its doors without a chief for the first time. Disruptions would be unavoidable from the outset in personnel decisions and the establishment of a chain of command, and the new criminal justice system would begin operating without anyone responsible for settling the organization. That is the backdrop to remarks by Rep. Lee Hae-sik, the Democratic Party's liaison on the National Assembly's Public Administration and Security Committee, who said recommending a replacement for Kim Ji-yong before the launch was physically impossible. Moreover, unlike the Major Crimes Investigation Agency chief, who is recommended by the interior minister, the head of the Prosecution Service requires a recommendation from the justice minister, meaning that leadership vacancy could last even longer.
Criticism over the presidential office's personnel vetting is intensifying. Kim Seung-won stepped down two days after completing his National Assembly confirmation hearing, even after the ruling party adopted a hearing report deeming him qualified. With reports that additional allegations were conveyed to the presidential office shortly before his withdrawal, calls are growing to review the entire personnel process, from candidate recommendation and preliminary vetting to the political judgment made after the hearing.
The opposition is stepping up its attacks. People Power Party leader Jang Dong-hyuk said responsibility for the personnel debacle must be clearly assigned, and party lawmakers including Rep. Na Kyung-won called for a replacement of the officials handling civil affairs and personnel.
President Lee also signaled a review of the personnel system at a news conference, calling it a fault and shortcoming on the government's part, but voices within the ruling bloc are warning of weaknesses in the presidential office's candidate recommendation and vetting operation. A senior ruling party lawmaker from the Seoul metropolitan area said it was evidence that aides lacked competence in recommendation, vetting and political judgment, or were blinding the president, adding that a considerable number within the party believe a complete overhaul of the presidential office's personnel operation is needed.
