Candidate for prosecutor general must lead fair investigation against those in power

President Yoon Suk Yeol nominated Vice Minister of Justice Shim Woo-jung as a candidate for a new prosecutor general on Sunday. Once appointed after a confirmation hearing of the National Assembly, Shim will assume his role on September 16. As the appointment of the public prosecutor general does not require the National Assembly’s approval, his appointment is pretty much guaranteed as long as no significant flaw is identified during the confirmation hearing.

Unlike the current Prosecutor General Lee Won-seok, Shim, who has a background in the planning department of the prosecution, does not have a deep connection with President Yoon. He was promoted to chief prosecutor during the Moon Jae-in administration and supported former Ministers of Justice Choo Mi-ae and Park Beom-kye as an assistant minister for planning and coordination. However, Shim sided with Yoon when the Ministry of Justice took disciplinary action against the then Prosecutor General Yoon Suk Yeol. Shim is from Gongju, South Chungcheong Province, which is close to the hometown of President Yoon, and is close to Senior Secretary to the President for Civil Affairs of the Presidential Office Kim Joo-hyun, who also shares a background in the planning department of the prosecution.

Shim’s term is until September 2026, most of which overlaps with the second half of President Yoon’s term. In the second half of a presidential term, the prosecution’s investigation focuses on events related to the current administration, rather than the previous administration. The incident involving a luxury bag received by First Lady Kim Keon Hee took place after President Yoon won the presidential race. Still, its investigation dragged on for seven months, even after the prosecution filed charges and growing suspicions. For the suspicion over the first lady’s involvement in Deutsch Motors’ stock manipulation, the prosecution has neither filed charges nor closed the case for two years. Such dishonorable investigations against those in power should not continue.

It’s not uncommon that front-line investigations try to please the authorities while the prosecutor general emphasizes investigations in accordance with laws and principles. The investigation of First Lady Kim’s business trips is an example. During the Moon Jae-in administration, a prosecutor general was appointed after appointing senior officials, rather than the other way around, to have control over the prosecution. Such a gimmick was repeated by the current president who was a former prosecutor and hence knew well about the prosecution, making the prosecution less nimble. While Shim emphasized investigation in accordance with laws and principles during the first statement after his appointment, his words alone are not enough, as we have seen in the case of Prosecutor General Lee. Determination to fight for it, even by risking his position, is needed.

Pressure on the prosecution from the opposition party, which won majority seats in the National Assembly, is stronger than ever. Lee Jae-myung, the leader of the Democratic Party of Korea, and Cho Kuk, the leader of the Rebuilding Korea Party, who are on trial for charges raised by the prosecution, are pursuing the impeachment of the prosecutors in charge of investigations and even discussing legislation to abolish the Public Prosecutors' Office. The prosecution will have difficulty dealing with the pressure without public trust. Shim should be reminded that fair and just investigation, regardless of its subject, is the only way to tighten internal disciplines and gain external trust.