Controversy Over Public Prosecution Office Prosecutors Seconded to Special Probe... Trial Halted as Special Prosecutor Asserts "Validity Maintained" (Comprehensive)

Court Requests New Secondment Order in Residence Relocation Case
Special Prosecutor: “Secondment of Public Officials Also Falls Under Succeeded Functions of Public Prosecution Office”

The trial regarding the alleged illegal diversion of funds during the presidential residence relocation process has been suspended after the court questioned the legality of the presence of previously seconded prosecutors, following the abolition of the Prosecutor’s Office and the establishment of the Public Prosecution Office. The Special Prosecutor for the Investigation of Insurrection, Treason, and Government Manipulation by Yoon Suk-yeol and Kim Keon-hee, who is in charge of maintaining the prosecution of the case, asserted that the prior secondments remain valid.

On October 2, 2026, due to the prosecution reform under the Lee Jae-myung administration, the Prosecutor's Office, which held both investigation and prosecution authority, closed its doors for the first time in 78 years, and the Public Prosecution Service and the Serious Crime Investigation Agency were officially launched. A replaced nameplate is displayed at the main entrance of the Seoul Central District Public Prosecution Service in Seocho-gu, Seoul. Photo by Kang Jin-hyung

On October 2, the 36th Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jeongyeop) raised concerns regarding the legitimacy of the presence of seconded prosecutors at the trial of former Minister of the Interior and Safety Lee Sangmin, former Presidential Chief of Staff Kim Daegi, former General Affairs Secretary Yoon Jaesoon, and former Management Secretary Kim Ohjin, who are facing charges including abuse of power and obstruction of the exercise of rights. The court stated, “It does not appear that there is a clear regulation stipulating that a secondment order given when the prosecutors belonged to the Prosecutor’s Office remains valid after the office has changed,” adding, “If it is determined in the future that a new secondment order is necessary, today’s proceedings may become meaningless.”

This was a reference to whether prosecutors, previously seconded from the Prosecutor’s Office to the special prosecutor’s team, could participate in the trial without a new secondment order after the Prosecutor’s Office was abolished and the Public Prosecution Office was launched. The court noted that the procedural ambiguity could be resolved if the prosecutors received a new secondment order as members of the Public Prosecution Office, and, after requesting that the special prosecutor proceed with the secondment request process, concluded the day’s proceedings. The sentencing hearing is scheduled for the 16th.

However, the special prosecutor’s team argued that, based on Articles 7 and 8 of the Addenda to the Public Prosecution Office Act, the prior secondment remains effective. Article 7 stipulates that former prosecutors of the Prosecutor’s Office are to be regarded as prosecutors of the Public Prosecution Office. Article 8 stipulates that, in matters succeeded by the Public Prosecution Office, when other laws refer to officials from the Prosecutor’s Office, this is to be understood as referring to officials from the Public Prosecution Office instead.

The special prosecutor’s team stated, “The secondment of staff is obviously a function inherited by the Public Prosecution Office due to the abolition of the Prosecutor’s Office.” They explained that prosecutors seconded to the special team pursuant to Article 6, Paragraph 5 of the Special Prosecutor Act are to be regarded as members of the Public Prosecution Office under this regulation. The special prosecutor’s team further asserted, “It is reasonable to consider that the secondment of prosecutors to the special prosecutor’s office continues for the duration of the prior secondment period, even without a separate transitional provision.”

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