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Commissioner of the Ministry of Government Legislation's inappropriate defense

Published: 27 Oct. 2025, 00:00

Jo Won-cheol, commissioner of the Ministry of Government Legislation, answers questions from lawmakers during a parliamentary audit of the ministry by the Legislation and Judiciary Committee at the National Assembly in Yeouido, western Seoul, on Oct. 24. [YONHAP]

Jo Won-cheol, commissioner of the Ministry of Government Legislation, declared during a parliamentary audit that President Lee Jae Myung is “not guilty” of any of the charges he faces. Appearing before the National Assembly’s Legislation and Judiciary Committee on Oct. 24, Jo responded to questions from Rep. Song Seok-jun of the People Power Party (PPP) regarding five ongoing trials involving 12 charges against the president. “I do not agree that President Lee committed any crime,” Jo said. Such remarks are highly inappropriate from the head of the government body responsible for legal interpretation and review.

The Ministry of Government Legislation serves as a central agency for interpreting laws and coordinating legislative policy. It screens bills drafted by other ministries to ensure their constitutionality and legality. In short, it is a pillar of Korea’s rule of law. For its commissioner to act as though he were the president’s personal defense attorney undermines the institution’s integrity. Even under political pressure, Jo should have stated clearly that expressing a personal view was “not appropriate for the head of the ministry.” The PPP immediately demanded his resignation.

Jo, a classmate of President Lee at the Judicial Research and Training Institute, has long been regarded as part of the president’s inner legal circle. After serving as a judge for 26 years, he entered private practice in 2015 and joined the defense team in the Daejang-dong development case. As a lawyer, advocating a client’s innocence is legitimate. But now he is a vice minister-level public official, not the president’s private counsel — and certainly not a judge empowered to decide guilt or innocence.

All five of the president’s trials were suspended after the June 3 snap presidential election. Commenting on guilt or innocence while proceedings are on hold carries no legal meaning and only fuels political controversy. Despite that, Jo accused prosecutors of “unprecedented abuse of power in indicting an innocent president,” and said the Supreme Court’s decision to overturn an earlier acquittal of Lee in his election-law case amounted to “an attempt to intervene in the presidential race.” Such remarks threaten the constitutional separation of powers among the judiciary, legislature and executive.

This is not the first time the ministry’s political neutrality has been called into question. Under the previous administration, former Commissioner Lee Wan-kyu faced investigation over allegations that he held a secret meeting with senior officials at the presidential compound in Samcheong-dong the day after the Dec. 3 martial law declaration. If the ministry acts as a legal shield for any administration or becomes embroiled in partisan controversy, public trust will inevitably erode. Assessing the president’s legal matters is the judiciary’s responsibility, not that of an executive official. The nation’s top legal officer must not blur the line of the law. Upholding political neutrality is the foremost duty of the commissioner of the Ministry of Government Legislation.

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.