Prosecutors Avoid Discipline in Trial Walkout, But Final Decision Looms

Hankyoreh reports on a significant internal disciplinary matter within the South Korean prosecution service concerning the collective withdrawal of prosecutors from a trial related to former Gyeonggi Province Vice Governor Lee Hwa-young. The article highlights the divided opinion within the Supreme Prosecutors' Office's Disciplinary Committee.

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The Disciplinary Committee concluded that it is difficult to discipline the prosecutors who requested recusal of the trial court and collectively withdrew from the trial.

The committee, composed of six members for this decision, ended in a 3-3 tie regarding disciplinary action against four prosecutors from the Suwon District Prosecutors' Office. These prosecutors had requested the recusal of the presiding judge in Lee Hwa-young's perjury trial, citing 'unfair trial management,' and subsequently left the courtroom en masse. This action prompted President Lee Jae-myung to call for an investigation into the prosecutors' conduct.

Supporters of disciplinary action argued that the mass witness summons and subsequent withdrawal were tactics to obstruct the trial, particularly a jury trial, and that the reasons cited for recusal were insufficient. Conversely, those opposing disciplinary action, including a senior prosecutor, believed the prosecutors' actions did not warrant punishment. The tie vote ultimately resulted in a conclusion of 'no disciplinary action possible.'

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The prosecutors requested recusal of the trial court, citing unfair trial management, and collectively withdrew from the courtroom.

However, the article emphasizes that this is not the final word. The ultimate decision rests with the Prosecutor General and the Ministry of Justice. If they decide to pursue disciplinary measures against the committee's recommendation, it could lead to significant backlash and potential legal challenges from the prosecutors involved. The Ministry of Justice is reportedly reviewing the case, with some within the ministry viewing the prosecutors' actions as a violation of reporting rules by not informing the ministry beforehand.

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The collective withdrawal of prosecutors from the trial court, like the collective withdrawal of public officials, is an act that disrupts court order.

From a South Korean perspective, as covered by Hankyoreh, this case touches upon the independence of the judiciary, prosecutorial conduct, and the balance of power between different branches of government. The prosecutors' actions were seen by some as a bold, albeit controversial, assertion of their procedural rights, while others viewed it as an unacceptable disruption of court proceedings. The divided decision within the Disciplinary Committee itself reflects the complexity and contentious nature of the issue, leaving the final resolution in the hands of higher authorities and potentially setting a precedent for future prosecutorial conduct.

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We will review the records and make a comprehensive judgment.