Minister Sungho Jung Accused of Abuse of Authority... "Extension of Prosecutor Park Sangyong's Suspension Is Illegal"

Jongbae Lee Files Complaint with Supreme Prosecutors’ Office
Lee: "Unprecedented Constitutional Breakdown for Indictment Withdrawal"
Park Sangyong: "A Measure That Shakes the Foundation of the Rule of Law—Must Be Withdrawn"

Sung Ho Jung, Minister of Justice, who extended the suspension period of Park Sangyong, a prosecutor, has been accused of abuse of power.

On June 2, former Seoul Metropolitan Council member Jongbae Lee announced via the National Petition System that he had filed a criminal complaint against Minister Jung with the Supreme Prosecutors' Office earlier that morning for abuse of authority.

Sung Ho Jung, Minister of Justice. Photo by Dongju Yoon

Former councilor Lee stated, "According to media reports, on April 6, Minister Jung suspended Prosecutor Park from duty in relation to the Ssangbangwool North Korea remittance case. On May 12, the Supreme Prosecutors' Office requested that Minister Jung impose a two-month suspension on Prosecutor Park as disciplinary action. Then, on May 28, the Ministry of Justice reportedly sent an official notice to the prosecution stating that 'Prosecutor Park's duties will be suspended from June 6 until further notice.'"

Lee cited a decision from the Seoul Administrative Court, stating, "According to the court, even if Article 8, Paragraph 2 of the Public Prosecutors' Disciplinary Act grants the Minister of Justice discretion to order the suspension of duties for a prosecutor facing disciplinary action, that discretion is subject to certain limits, and abuse or deviation from this discretion is subject to judicial review."

He also referred to a Constitutional Court ruling, saying, "According to the Constitutional Court, for career public officials whose political neutrality must be guaranteed, the guarantee of their status must contribute to ensuring that neutrality."

He continued, "Therefore, targeting Prosecutor Park, who investigated a politically sensitive case involving the incumbent president, by ordering disciplinary action and an indefinite suspension is a clear case of political pressure and constitutes a deviation and abuse of discretionary power that violates political neutrality. In conclusion, Minister Jung's indefinite suspension of Prosecutor Park constitutes obstruction of the legitimate exercise of rights by abusing authority, and thus, I am filing a criminal complaint against Minister Jung for abuse of authority and obstruction of rights."

Lee further argued, "The disciplinary action and suspension against Prosecutor Park is, to anyone, an unprecedented witch hunt to force the withdrawal of the indictment and a tyranny unparalleled in constitutional history. From the beginning, the outcome of withdrawing the indictment was predetermined and is being carried out like a military operation—an appalling atrocity."

He added, "The Ministry of Justice typically suspends a prosecutor from duty until the Ministry's disciplinary committee reaches a decision, but since there is no time limit for the disciplinary process, this is in effect an indefinite suspension. Furthermore, imposing consecutive suspensions is an unprecedented abuse of authority."

Finally, Lee declared, "To discipline and suspend a prosecutor who is required to maintain political neutrality just because he let a suspect eat kimbap, hamburgers, bread, or coffee in the prosecutor's office is an absurd and outrageous act that history will not forgive. It is an atrocious progressive dictatorship and a constitutional violation unprecedented in our history. As this is a matter of grave historical significance, I urge a thorough investigation and strict punishment for the accused, Sung Ho Jung, leaving no stain on the record."

On April 14, Park Sangyong, the prosecutor who investigated the Ssangbangwool North Korea remittance case, was forcibly removed during a hearing held at the National Assembly in Yeouido, Seoul, where the "Special Committee for the National Investigation to Uncover the Truth Behind the Alleged Fabrication and Prosecution by the Yoon Seokyeol Administration’s Political Prosecution" was convened. This occurred while he was explaining in his own voice the reason for refusing to take the witness oath. Photo by Kim Hyunmin

Prosecutor Park, during his time as Deputy Chief Prosecutor at the Suwon District Prosecutors' Office, came under internal investigation for alleged misconduct while investigating the Ssangbangwool North Korea remittance case.

Previously, Acting Prosecutor General Jaehyun Koo, on May 12, requested severe disciplinary action against Prosecutor Park for the following misconduct during the investigation: 1) demanding confessions from suspects through improper investigation methods directed at defense attorneys, 2) providing outside food and offering conveniences for detainees, and 3) failing to prepare investigation process confirmation statements on 111 occasions.

Prior to the disciplinary request, on April 6, Acting Prosecutor General Koo requested Minister Jung to suspend Prosecutor Park from duty in accordance with Article 8, Paragraph 3 of the Public Prosecutors' Disciplinary Act. Minister Jung ordered Park's suspension for two months, from April 6 to June 5.

However, on May 28, the Ministry of Justice sent Prosecutor Park an official notice ordering a suspension "from the 6th until further notice."

In response, Prosecutor Park filed a petition with the National Petition System on May 29, arguing, "Extending the suspension indefinitely, in addition to the already pending two-month disciplinary suspension, is an illegal abuse of power by the Minister of Justice."

Meanwhile, the Ministry of Justice maintains that "this is not an indefinite suspension, but rather a suspension until the disciplinary decision is finalized."

The previous day, Prosecutor Park posted a message on his Facebook page titled "Minister Sung Ho Jung, Indefinite Suspension Is Illegal. Please Withdraw It," asserting that the extension of his suspension was unlawful and calling on Minister Jung to withdraw the measure immediately.

He wrote, "The official suspension notice provided no grounds or reasons for this additional indefinite suspension. What exactly are the charges that led to this suspension?"

He continued, "Are the grounds for this suspension the charges such as 'demanding confessions' that have already been referred for disciplinary action, or are they the charges such as 'violation of political neutrality' currently under additional investigation by the Incheon District Prosecutors' Office? Whatever the grounds, this suspension is unlawful."

He cited specific provisions of the Public Prosecutors' Disciplinary Act: "If the reason is the 'demanding confessions' already referred to the Ministry of Justice for disciplinary action, I have already been suspended for two months, so this is now an 'extension.' However, Article 8, Paragraph 4 of the Act stipulates that, in any case, waiting duties may only be ordered within a two-month period. Therefore, under an organic and systematic interpretation of the law, the two-month suspension period is the legal limit."

Article 8, Paragraph 2 of the Public Prosecutors' Disciplinary Act stipulates, "If deemed necessary, the Minister of Justice may order the suspension of duties for a prosecutor facing disciplinary action."

The same Article, Paragraph 4, states, "If deemed necessary for a fair investigation, the Minister of Justice may, within the two-month limit, order a prosecutor suspended under Paragraph 2 or 3 to await assignment at another prosecutors' office or an institution affiliated with the Ministry of Justice responsible for prosecutorial administration, investigation, or research."

Prosecutor Park argued, "Even if the minister can order a suspension under Paragraph 2, imposing an indefinite suspension in a case where a two-month suspension has already been requested is a clear violation of the principle of proportionality. The disciplinary committee is the final adjudicator. Thus far, the committee has regarded the disciplinary action requested (in this case, a two-month suspension) as the de facto upper limit."

He added, "The Minister of Justice serves as the enforcement agency for disciplinary action. In a case where a two-month suspension has been requested, can the minister preempt the committee's decision and unilaterally impose an indefinite suspension that is tantamount to dismissal? That would amount to admitting that the minister, as the enforcement agency, has already decided on dismissal before the disciplinary committee—the proper decision-making body—has reached a verdict. That is abuse of authority."

Prosecutor Park further questioned, "Why has no disciplinary action been taken yet when disciplinary proceedings have already begun? Are you trying to extend the suspension using separate charges to compensate for the insufficient severity of the two-month suspension, in order to launch the so-called 'special counsel for withdrawal of prosecution'? Or is it because of concerns that it might adversely affect the local elections?"

He continued, "If the minister does not conduct the disciplinary process fairly and instead acts based on political advantage or disadvantage, that is itself a violation of political neutrality."

He stated, "If the reason is the 'violation of political neutrality' currently under additional investigation by the Incheon District Prosecutors' Office, then the minister's suspension is a 'new' suspension based on his own authority. However, since no disciplinary proceedings have been initiated regarding that investigation, I cannot be regarded as a prosecutor facing disciplinary action. Therefore, a suspension ordered solely by the minister, not at the request of the Prosecutor General, is baseless and constitutes a likely case of abuse of authority."

He continued, "Is it possible under our legal system to suspend a prosecutor without disciplinary proceedings, indefinitely and without limit—especially based on political considerations? The investigative rights of a prosecutor, which are directly connected to the protection of citizens' basic rights, being restricted by an administrative measure without clear legal grounds, undermines the very foundation of the rule of law. The Minister of Justice must not act in this way."

Finally, Prosecutor Park concluded, "I urge the Minister of Justice to recognize the illegality and unfairness of the above actions and to immediately withdraw the suspension order."

This content was produced with the assistance of AI translation services.