Court orders cancellation of prosecutor's demotion over Daejang-dong appeal criticism

A South Korean court has ruled that the Ministry of Justice must cancel its demotion of a former prosecutor, who was effectively demoted for criticizing the decision to drop an appeal in the controversial Daejang-dong development case. The court found the personnel action to be an illegal "dereliction and abuse of power."

The demotion occurred after the former prosecutor, Yoo Mi-jeong, posted a critical message on an internal prosecutor network in November, condemning the then-acting Prosecutor General, Noh Man-seok, for abandoning the appeal. Noh's office subsequently reassigned Yoo from her research position at the Judicial Research and Training Institute to a role as a prosecutor at the Daejeon High Prosecutors' Office, a move seen as a demotion from her prosecutor-general status to a position equivalent to a deputy or division chief prosecutor.

The Ministry of Justice at the time justified the action as a measure to enforce discipline, stating that Yoo's "inappropriate expressions" had damaged the prosecution's credibility. Yoo had indeed used strong language, calling Noh "the most humiliating prosecutor to have succumbed to power in the history of the prosecution" and expressing shame at being a fellow prosecutor. The court acknowledged that Yoo's post contained "inappropriate parts" with "conclusive expressions" suggesting undue political influence over prosecutorial power.

However, the court did not accept the Ministry's argument that the reassignment did not constitute a demotion, as the prosecutor ranks are officially divided only into "Prosecutor General and Prosecutor." Instead, the court pointed out that the move appeared intended to push Yoo to resign voluntarily, and therefore, proper procedures, including a disciplinary hearing and an opportunity for explanation, should have been followed. The Ministry's failure to do so was deemed a significant flaw. The court noted that the only previous instance of a prosecutor-general being demoted to a regional prosecutor was in 2007, following an investigation into bribery allegations, and that action followed a formal internal review.

The Daejang-dong case itself involved allegations of corruption and illicit profits, and the decision to drop the appeal was highly contentious, seen by some as forfeiting the recovery of illicit gains. At the time, ruling party figures reportedly pressured the prosecution to demote prosecutors who questioned Noh's decision, viewing their actions as collective defiance. The swift disciplinary action against Yoo shortly after these pressures raises concerns that such personnel decisions could send a message to prosecutors that non-compliance with the ruling regime could lead to disadvantages. This could potentially damage the credibility of ongoing efforts to reform the prosecution service and ensure its political neutrality and independence.