"Self-inspection" Supreme Prosecutors' Office Investigates NIS Investigation

2013.10.23 19:09
Jang Eun-gyo

On October 22, the Supreme Prosecutors' Office launched an official inspection of the process of an investigation into the National Intelligence Service's intervention in politics and an election currently at the center of heated debate. They designated "missing report in the process of investigating Twitter posts and retweeted posts by National Intelligence Service (NIS) agents" and "recent incidents" as the subject of the inspection. In other words, they will look into the overall process of the additional investigation carried out by the special investigation team. It is highly unusual for the Prosecutors' Office to investigate a whole case and not just a certain person.

First of all, experts forecast severe difficulties in continuing additional investigations and sustaining the charges on the NIS case. Furthermore, front-line prosecutors may be intimidated in continuing ongoing investigations. The inspection by the Supreme Prosecutors' Office concerning the failure to report the overall details of the investigation may have a chilling effect on other front-line investigations as well as the investigation into the intelligence agency. What's more, in a situation where confidence in the justice ministry and senior prosecutors has collapsed, it will be difficult for the inspection results to be persuasive no matter what the outcome.

At around 11:30 a.m. this day, Gil Tae-ki, the acting public prosecutor general (deputy public prosecutor) said, "We ordered the inspection division (Chief Yi Jun-ho) of the Supreme Prosecutors' Office to conduct an inspection of the recent problems which occurred in the process of further investigations into the allegations concerning the intelligence service, such as the failure to make a report." Gil said, "Regarding this problem, we will verify the facts through a thorough investigation and strictly hold those concerned responsible according to the results of the investigation." At around 9 a.m. this morning Cho Young-gon, chief of the Seoul Central District Prosecutors' Office called Gil and requested an inspection into the truth behind this case. However, the Supreme Prosecutors' Office announced, "It [Cho's request for an inspection] may provide support, but the inspection division determined the subjects of their investigation alone." In other words, they explained that they had decided on the target and scope of the inspection prior to Cho's request.

Minister of Justice Hwang Kyo-ahn (right) looks across at President Park Geun-hye with a stern face as she sits down after a pledge of allegiance at a cabinet meeting in Cheong Wa Dae on October 22. Cheong Wa Dae press photographers

Minister of Justice Hwang Kyo-ahn (right) looks across at President Park Geun-hye with a stern face as she sits down after a pledge of allegiance at a cabinet meeting in Cheong Wa Dae on October 22. Cheong Wa Dae press photographers

It appears the inspection will target all the members of the investigation team and the entire investigation process as well as Chief Cho, who led and was responsible for the NIS case; former head of the investigation team Yoon Seok-yeol, head of the Yeoju District Office; and the current head of the investigation team Park Hyeong-cheol, the chief prosecutor of public criminal cases at the Seoul Central District Prosecutors' Office. Experts claim that this inspection, in particular, is aimed at Yoon. The Prosecutors' Office is likely to take disciplinary action against Yoon after the investigation.

The key issue of the inspection is whether Yoon ignored due procedures while conducting the investigation or whether Cho unduly blocked the investigation. Yoon claims that on the night of October 15, he visited Cho at his home and personally gave a report on the investigation and conveyed the need for a search and seizure and an arrest, but was ignored. But Cho denies this saying, "I have never interfered with the investigation." Cho removed Yoon from the case, claiming that Yoon did not follow proper procedures in the process of conducting a search and seizure and arresting NIS agents on October 17.

Many from within the Prosecutors' Office raised their voices of concern. One chief prosecutor working in a district office in Seoul said, "There is a heated debate among prosecutors as to whether the procedures in the investigation were legitimate or illegitimate, when the trial is ongoing. Under these circumstances, how will the prosecutors persuade those subject to the investigation and outsiders critical to the case." One senior prosecutor said, "It is a disgrace for the Prosecutors' Office that the procedures of an investigation are subject to an inspection."

In and outside the Prosecutors' Office, people argue that the government should launch an investigation into the allegations of external pressure on this investigation and a leak on confidential information connected to the investigation exposed by Yoon in the parliamentary inspection on October 21. But the Supreme Prosecutors' Office drew the line saying, "It is difficult to see them included in this inspection."

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