A senior prosecutor from the criminal division expressed criticism towards the recently passed law regarding offenses involving legal distortion (an amendment to the Criminal Act), which was approved by the National Assembly on the 26th. They stated, “The more cases prosecutors deal with, the greater the chance of facing legal action,” and described the legislation as “a law that motivates prosecutors to finish work early and abandon frontline offices.”
An Mi-hyun, 47, a deputy chief prosecutor at the Cheonan Branch of the Daejeon District Prosecutors’ Office and a member of the 41st class of the Judicial Research and Training Institute, posted on her Facebook on the 27th, “Dealing with 50 cases a month means facing the risk of being sued under the law distortion crime by 50 different parties, and handling 200 cases means facing 200 parties.” She continued, “The more frontline prosecutors strive to resolve cases, the higher the risk of lawsuits and the greater the danger of overwork. Does this imply that we should now try to leave work on time every day? Is this a law that encourages prosecutors to abandon frontline positions?”
A further statement said, “Prosecutors employed at the Supreme Prosecutors’ Office or the Ministry of Justice, who are not involved in prosecution, face a ‘zero’ risk of being sued under the law distortion crime.” This suggests that the majority of frontline prosecutors dealing with criminal cases are at higher risk compared to a smaller group of prosecutors at the Ministry of Justice and the Supreme Prosecutors’ Office, who concentrate on policy and strategy.
She also mentioned, “Persistent legislators might not be affected by legal actions, but regular public officials experience pressure and become hesitant even when faced with lawsuits. Up until now, I felt anxious because unresolved cases accumulated, but now dealing with these cases causes discomfort.”
The Democratic Party enacted the legislation the day before, which carries potential prison sentences of up to 10 years for judges and prosecutors who manipulate or incorrectly apply the law.
In February, when An was moved from the Seoul Central District Prosecutors’ Office to the Cheonan Branch, she expressed her concerns, saying, “Because of the appointment of special counsels, the number of prosecutors has dropped, resulting in 441 unresolved criminal cases being transferred. Although I can still carry out additional investigations, the front line is already completely damaged, let alone the future.”
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