Justice Minister Resigns as Korea Rushes to Fix Revised Criminal Law

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By the Editorial Board (Editorial)opinion@sedaily.com
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Justice Minister Chung Sung-ho, who submitted his resignation, heads to the meeting room to attend the Ulji cabinet meeting presided over by President Lee Jae-myung at the Blue House on the 18th. Yonhap News - Seoul Economic Daily Opinion News from South Korea
Justice Minister Chung Sung-ho, who submitted his resignation, heads to the meeting room to attend the Ulji cabinet meeting presided over by President Lee Jae-myung at the Blue House on the 18th. Yonhap News

Justice Minister Jung Sung-ho, who had signaled an intention to step down both directly and indirectly in recent weeks, submitted a letter of resignation on the 18th. Health reasons and the completion of key legislation on prosecution reform were cited as grounds for the departure. The resignation letter also reportedly stated that a new criminal justice system is best completed under new leadership. Jung had earlier voiced strong concern over the revised Criminal Procedure Act, which abolishes not only prosecutors' direct investigation authority but also their supplementary investigation authority. The ruling Democratic Party nonetheless pushed the legislation through last month, and President Lee Jae-myung stirred controversy when he said he "had not read it" after the bill was approved at a Cabinet meeting. The burden on Jung must have been considerable.

Jung's departure does not absolve him of responsibility for having led the "separation of investigation and indictment" over his roughly one year in office, keeping pace with the ruling bloc's one-sided prosecution reform. Follow-up measures to contain the fallout of the forced reform — infringement of victims' rights and weakened capacity to respond to crime — remain inadequate. Even though the revised Criminal Procedure Act takes effect as early as October, preparation of subordinate legislation such as revised investigation rules to support it has stalled. Concern is emerging even within the ruling party that this could punch a hole in the judicial system and produce large numbers of wronged victims. It is telling that some in the legal community have gone so far as to propose delaying the revised law's enforcement by even a year as a last resort.

The ruling bloc, which brought the situation to this point, must act with a sense of full responsibility and move first to prepare remedies for the revised Criminal Procedure Act. By the natural order of things, the Ministry of Justice should lead this task. But once Jung's resignation is accepted, the ministry will shift to an acting-minister system under the vice minister, making it difficult to lead consultations among the party, government and presidential office. Newly elected Democratic Party leader Kim Min-seok, chosen at the Aug. 17 party convention, should therefore take active charge of the matter as head of the ruling party, in the spirit of resolving what one has caused. Kim will attend a dinner hosted by President Lee at the presidential office on the 19th for party leadership candidates from the convention. A high-level party-government-presidential council meeting will follow on the 23rd. Through this series of exchanges, the party, government and presidential office must produce a precise and balanced solution.

Original reporting by the Editorial Board (Editorial) for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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