Justice Ministry panel to probe prosecution abuses — but legal circles see groundwork for 'fabricated indictment' special prosecutor

By Choi Eui-jong, The Herald Business

The Justice Ministry has launched a new committee to investigate alleged human rights violations and abuses of power by prosecutors. The move is drawing scrutiny, with critics noting that three of the seven cases on its initial review list involve President Lee Jae Myung — raising questions about whether the panel is laying the groundwork for a special prosecutor team aimed at withdrawing charges against him.

According to legal circles Friday, the Supreme Prosecutors' Office is internally reviewing a request from the Prosecution Human Rights and Future Committee — known as the Prosecution Future Committee — to establish an investigative body to look into cases including the Ssangbangwool North Korea funds transfer case. Under the committee's rules, it may ask the justice minister to set up an independent investigative body to handle such probes.

Justice Minister Jeong Seong-ho directed the ministry in April to establish the Prosecution Future Committee to examine cases in which human rights violations or prosecutorial overreach were alleged during investigations and indictments. The timing coincided with the conclusion of the National Assembly's special committee on parliamentary investigation into allegations of fabricated indictments by the prosecution under the Yoon Suk Yeol administration, which the Democratic Party of Korea had led.

The Justice Ministry formally launched the committee on June 10, naming attorney Jang Ju-young of Neulpureun Joint Law Office — a former chair of the Lawyers for a Democratic Society — as its chair, along with six members including attorney Kim Jin-su of Yegang Law Firm. The committee held its inaugural meeting after the launch.

At that first meeting, the committee designated seven cases for initial review: the Ssangbangwool North Korea funds transfer case, the Daejang-dong case, the case involving former Democratic Research Institute Vice Chairman Kim Yong, the Wirye new town case, the shooting death of a South Korean civil servant in the West Sea, the statistics manipulation case, and allegations of false reporting related to defamation of Yoon Suk Yeol.

The list largely mirrors the investigative targets set out in the Democratic Party's proposed special prosecutor act — formally titled the Act on the Appointment of a Special Prosecutor to Investigate Allegations of Fabricated Investigations and Indictments by the Prosecution, National Intelligence Service, Board of Audit and Inspection and Others under the Yoon Suk Yeol Administration. The Daejang-dong, Wirye new town and Ssangbangwool North Korea funds transfer cases are all directly linked to President Lee.

The Democratic Party had stepped back from pushing the bill after controversy erupted over a provision that would grant the special prosecutor authority to withdraw indictments, saying it would wait until after the June 3 local elections. With the vote now over, the party is moving to reintroduce the legislation. President Lee added his weight to the effort at a press conference marking his first year in office on June 8, saying that "at a minimum, the truth must be established" regarding the fabricated indictment special prosecutor.

Legal observers widely interpret the Prosecution Future Committee as covert preparation for the fabricated indictment special prosecutor bill. The committee's composition itself points in that direction: Chair Jang served as chair of the Korea Legal Aid Corporation under the Moon Jae-in administration. Member Kim Jin-su, a former prosecutor, also served as chair of the Korea Legal Aid Corporation under the same administration, and represented former Rebuilding Korea Party leader Cho Kuk in the case involving allegations that a corruption probe against Yoo Jae-su was improperly buried.

Under Justice Ministry directives governing the committee, eligible cases for review include cases listed in a parliamentary investigation request, cases in which human rights violations or abuses of prosecutorial authority were alleged, and cases proposed by the public on similar grounds.

The Ssangbangwool North Korea funds transfer case has already gone through a fact-finding review by a special inspection team under the Justice Ministry's Correctional Headquarters, followed by an audit by a human rights inspection task force at the Seoul High Prosecutors' Office. Based on the task force's findings, the Supreme Prosecutors' Office last month requested the Justice Ministry impose a two-month suspension on Park Sang-yong, a deputy chief prosecutor at the Incheon District Prosecutors' Office who had led the investigation.

The second comprehensive special prosecutor team led by Special Prosecutor Kwon Chang-young — which is investigating remaining allegations after the three major special prosecutor probes into insurrection, Kim Keon Hee and the Marine corporal case — is also looking into allegations that the Yoon administration's presidential office interfered in a Suwon District Prosecutors' Office investigation. Deputy Special Prosecutor Kwon Young-bin said in April that he viewed the matter as a "suspected massive abuse of state power."

The special prosecutor team has placed travel bans on prosecutor Park and Han Dong-hoon, an independent lawmaker who served as justice minister, after receiving complaints from civic groups. However, observers say it will be difficult for the team to wrap up the case given its limited operating period and staffing, and that it would likely hand the matter off to another agency if that proves to be the case.

"It seems like a revolving door — an organization created to investigate prosecutorial abuses of power is turning around and asking prosecutors to conduct the investigation," one legal insider said. "It looks like they are continuously manufacturing issues, and this is ultimately a buildup toward the fabricated indictment special prosecutor."