On November 8, the Kyunghyang Shinmun confirmed that Justice Minister Choo Mi-ae revised the Justice Ministry Inspection Regulations, a set of ministry instructions, on November 3. When the justice ministry inspects important subjects, such as the prosecutor general, it was mandatory to consult the ministry’s inspection committee, but now such consultation is optional. Thus the decision on disciplinary measures following the ministry’s inspection of Prosecutor General Yoon Seok-youl will not have to undergo a review by the inspection committee, which includes outside members.

According to the coverage by the Kyunghyang Shinmun, Minister Choo revised Article 4 (Consultation of the Justice Ministry Inspection Committee) of the ministry’s Inspection Regulations on November 3. Prior to the amendment, Article 4 stipulated, “According to the regulation on the Justice Ministry Inspection Committee, the ministry must consult the Inspection Committee on inspections of important subjects.” Now, the article has been revised to state, “According to the regulation on the Justice Ministry Inspection Committee, the ministry can consult the Inspection Committee on inspections of important subjects.”

Now that a review by the inspection committee has become optional, this weakens the supervision of inspections conducted by the justice ministry. The decision on the level of disciplinary measures following the ministry’s inspection, such as the recent inspection of Prosecutor General Yoon, will not have to be reviewed by the inspection committee. The inspection committee consists of 7-13 members, with two-thirds from outside the ministry, such as academia.

We have yet to confirm whether Minister Choo had consulted the inspection committee when she gave a series of instructions on inspections, such as the one on Prosecutor Yoon, since last month. An official from the justice ministry said, “It is difficult to confirm whether the ministry consulted the inspection committee in connection to Minister Choo’s instructions.” The official further explained, “Usually, we consult the inspection committee not at the beginning of an inspection, but at the end when determining the level of disciplinary action.”

However, consultations with and recommendations by the inspection committee are not limited to the decision on the level of punishment. According to the Justice Ministry Inspection Committee Regulation, a presidential decree, the inspection committee can advise and provide recommendations on a broad range of subjects, including “investigation methods, results, and measures concerning an important inspection or audit, and issues concerning the inspection or audit on which the justice minister requests advice.”

Kim Jong-min, an attorney at Dongin Law Group, who served as a member of the Supreme Prosecutors’ Office Inspection Committee said, “The inspection committee of the justice ministry discusses the need for an inspection at times like now, when there is a heated debate on the justice minister’s abuse of her right to conduct an inspection.”

The justice ministry explained the reason for the latest revision and said, “The Justice Ministry Inspection Committee Regulation, which is a presidential decree, stipulated the advice and recommendation of the committee as optional. This clashed with the Justice Ministry Inspection Regulation, a lower law, which stated them as mandatory.” The ministry further said, “At the working level, it also overlapped with a review by the Supreme Prosecutors’ Office Inspection Committee, hindering swift disciplinary procedures and putting a heavier burden on those subject to disciplinary measures. We revised the regulation in question because of these problems.”