Attorney General exercises unprecedented judicial authority
Justice Minister Chun Jung-bae exercised judicial authority and ordered, yesterday, Public Prosecutor General Kim Jong-bin not to arrest Professor Kang Jeong-ku on charges of violating the National Security Law, and to probe into the case. Although Minister Chun's exercise of judicial power itself is legitimate, it is controversial in that it may interfere with the independence and autonomy of the prosecution.
Minister Chun, in control of the investigation, said that they don't have enough reason to arrest him, on constitutional matters and law in the case of Professor Kang. It is pointed out that the constitution guarantees fundamental human rights of the people, so Prof. Kang has personal liberty. He is not supposed to destroy evidence or run away. However, some have argued whether or not this exercise of judicial power is constitutional or legitimate.
It is noted that an unprecedented directive was issued for the case. The precedents hold that justice ministers respect the independence and autonomy of the prosecution without exercising judicial power.
What is the reason for this? Some say that the Justice Minister infringed upon the neutral position of the prosecution, which is the order of the day. Some South Koreans wonder why Justice applies "the limit of under-restraint criminal investigation" to Prof. Kang on charges of violating the National Security Law rather than ordinary criminals.
Some South Koreans are confused about the application of the law.
Some doubt why the Justice Minister exercised judicial power, despite the risk of damage to the independence of the prosecution. Through this case, it is wondered whether the government lays the foundation for future strategy to control the prosecution or the prelude to abolishing the National Security Law again. It is noted that they have consecutively mentioned effects of this case, before the outcome of the strong position of the central members of the ruling party.
It is natural that the Public Prosecutor General should not be against the legitimate exercise of judicial power. Before the Justice Minister's order, the Public Prosecutor General said, "What is most important for this case is the rule of law". If the prosecution deals with the case of Prof. Kang literally according to the constitution and the law, they will overcome the dispute over the damage to their independence and retain their honor.
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 / 입력시간: 2005. 10.14. 08:44
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