Suspiciously bypassing the prosecutor general

Prosecutor General Lee One-seok publicly apologized Monday for failing to keep his promise of allowing no exceptions, privileges or immunities before the law in the case of first lady Kim Keon Hee. The self-castigation on the prosecution comes after prosecutors questioned the first lady in an undisclosed location for security reasons — instead of the normal procedure of summoning her to the prosecution’s office.

The prosecutor general — who was mysteriously kept in the dark for 10 hours during the 12-hour questioning of the first lady — said the unconventional manner of investigation goes against the promise to the people that everyone is equal before the law. His blunt comment effectively pitted the prosecutor general against the Seoul Central District Prosecutors’ Office which is leading the investigation on the first lady. Lee scorned Lee Chang-soo, head of the Seoul Central District Prosecutors’ Office, and ordered the inspection team of the Supreme Prosecutors’ Office to investigate the matter.

Meeting reporters on Monday, the prosecutor general quoted a famous Chinese saying that the law does not favor the rich and powerful. Article 11 of our Constitution clearly states that all citizens shall be equal before the law. In Korea under the democratic system, anyone suspected of breaking the law — whether or not she be married to the president — must face investigation. The hardship of investigating the spouse of a sitting president is understandable. Still, the method should have been transparent to avoid favoritism.

The intentionally delayed briefing to the chief prosecutor also cannot be comprehensible. The investigation team pointed to the procedural conundrum, as the prosecutor general is stripped of command over the investigation on the case of Deutsche Motors stock manipulation in which the first lady is implicated. The investigation began under the Moon Jae-in administration. Then Justice Minister Choo Mi-ae issued an executive order in October 2020 to strip then-prosecutor general Yoon Suk Yeol of his command over the investigation due to a conflict of interest.

Under Yoon’s presidency, the prosecutor general was replaced twice, yet the Justice Ministry has not returned the command over the case to the chief prosecutor. Why? The investigation also involves the graft charge over Kim’s acceptance of a luxury handbag from a suspicious pastor, which the prosecutor general has the authority to command.

The prosecution will soon wrap up the investigation and decide on whether to indict the first lady. It must be able to clarify the truths and facts through an unbiased and fair investigation of her. That is the only way for the prosecution to not further lose public confidence further.