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'Magistrate-style' investigation? President orders prosecutors to reinforce drug probe

Published: 17 Oct. 2025, 00:04

Kim Won-bae

The author is an editorial writer at the JoongAng Ilbo.

On Oct. 12, President Lee Jae Myung issued an unusual direct order to a special investigations team under the Seoul Eastern District Prosecutors’ Office. The target: alleged interference in a customs drug investigation. He instructed that the team pursue the case “without deference to rank” and investigate thoroughly, regardless of the subject’s status.

He also directed that Detective Baek Hae-ryong, who first disclosed interference suspicions, be dispatched to the team. He asked that additional prosecutors be assigned if necessary to assist Chief Im Eun-jeong of the Eastern Office. It is rare for a president not only to demand strict investigation but also to intervene in staffing decisions.

Police Superintendent Baek Hae-ryong, who was assigned to the joint investigation team under the Seoul Eastern District Prosecutors’ Office probing alleged interference in a customs drug investigation, speaks to reporters upon arriving for his first day of work at the Eastern District Office in Songpa District, Seoul, on October 16. On his way in, Baek said, “The prosecution itself is the subject of investigation. The top leadership of the prosecution is involved in the allegations,” adding, “I’ve long said that the joint investigation team was an illegally formed group, but I am reporting for duty there. As a public servant, my convictions are shaken.” [YONHAP]

The move has sparked controversy over whether it violated the Prosecutors’ Office Act, which states that only the Prosecutor General supervises prosecutions in specific cases. According to Kim Nam-jun, spokesman for the presidential office, the policy was issued via the Minister of Justice, and Im received a separate order. Yet on Oct. 13, the Eastern Office reportedly sent a document to the Supreme Prosecutors’ Office requesting approval to dispatch Baek and add prosecutors — following the president’s directive.

Such staffing decisions are typically under the jurisdiction of the Supreme Prosecutors’ Office, not a local branch. In proper procedure, the chain of command should run: President, then the Minister of Justice, then Acting Prosecutor General and then Eastern District Chief. Observers question whether Acting Prosecutor General Noh Man-seok played any role in this chain or was sidelined. Some also wonder whether the orders were issued in writing or verbally.

Trouble deepened when Im argued that Baek’s integration into the existing team could trigger “self-investigation” concerns. She proposed creating a separate team unaffiliated with the interference case. In response, Baek accused the existing unit of being an unlawful entity improperly constituted. He asserted a need for a 25-member team under his leadership. While Baek claims personnel tied to interference are embedded in the original team, Im denies it.

On his first official day, Oct. 15, Baek reportedly took leave to appear on a broadcast. When he arrived at work Oct. 16 he declared: “The joint investigation team [is] an illegally formed group, but I am reporting for duty there. As a public servant, my convictions are shaken. The separate team is insulting. I will not communicate with Im.” Even in heated cases, such language from a public official is rare.

Why has this unfolded? The investigation began in June and Im took command in August. By now the team has processed around 20 suspects and conducted searches. Yet the president appears unsatisfied with progress. Baek views former President Yoon Seok Yeol and his spouse as the root of interference allegations. His inclusion seems to be a presidential effort to reach that conclusion. The conflict between Im and Baek, emerging publicly, may have stemmed from the president’s intervention. From the start, Baek’s integration was arguably inappropriate.

The confrontation extends beyond the executive branch. In August, Rep. Shin Jeong-hun of the ruling Democratic Party pressed Yoo Jae-seong, acting head of the National Police Agency, during a parliamentary hearing. He asked whether immediate arrests should be considered for former Korea Communications Commission Chair Lee Jin-sook, accused of illicit corporate credit card use. Yoo replied that he would direct the National Investigation Headquarters to act swiftly. Lee was later arrested on election law violations after her commission was disbanded. Whether this sequence reflects political pressure or due process remains unclear.

Im Eun-jeong, the newly appointed chief of the Seoul Eastern District Prosecutors’ Office, delivers her inaugural address during the inauguration ceremony at the Eastern District Office in Songpa District, Seoul, on July 4. [YONHAP]

If the functions of investigation, prosecution and trial were formally separated — and prosecutors abolished — a president issuing such direct orders would still undermine institutional independence. Agencies would risk bending to demands from a powerful legislature or ruling party, pursuing aggressive investigations for politics rather than justice.

During Korea’s Joseon era, administration, investigation and judgment were not separated. Local magistrates handled all three. Given current signs, one might worry that a “magistrate-style” investigation is underway. Once the ruling party finishes reshaping the courts, we may enter an era of “magistrate trials.”

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.