韓国検察改革
This was a learning seminar I attended in March, but I completely forgot to publish it! (ﾉ≧ڡ≦)
Recently, I’ve been seeing discussions about the upcoming South Korean presidential election, so now feels like the right time to share this.
I had some basic knowledge from this Commons article, but I was concerned about developments afterward. South Korea’s prosecutorial reform faced fierce resistance but managed to be completed, which is good news for now. However, it might still be too soon to feel entirely secure until the changes take root.
| 「徴用工問題」追及から「植民地支配・日韓条約体制」打倒へ韓国検察庁は裁判所・警察の上に君臨し絶大な権力を持っている。文大統領はこの組織を改革すべく曺国氏を法務大臣に指名すると検察は曺氏には不正の疑いがあるとした。しかしこれは検察によるデマであったことが内部からの告発… 韓国】ろうそく民衆の検察改革は勝利へ前進／村山和弘 －２０２０年「韓国の民主... - 月刊コモンズ |
〇 President Moon Jae-in, Chosen by the Candlelight Citizens
From the winter of 2016 to the following spring, citizens burdened by extreme wealth inequality, unemployment, low wages, tuition fees, and other issues lit 17 million candles. This movement not only impeached (removed) President Park Geun-hye from office but also reflected a recognition that the urgent problems faced by individuals could not be resolved without establishing a democratic government. As a result, Moon Jae-in, seen as the most representative of democratic values, was elected president.
The candlelight citizens passionately chanted, “Sovereignty resides with the people.”
〇 President Moon, Self-Proclaimed “Child of the Candlelight Citizens”
Amid resistance and backlash from entrenched vested interests both within and outside the National Assembly and from conservative media, President Moon pushed for new and revised laws to establish true democracy.
→ Prosecutorial reform, judicial reform, economic democratization…
〇 Moon Administration VS the Prosecution
Prosecutorial reform was the centerpiece of the Candlelight Citizens’ demand to eliminate deep-seated corruption. In response, the prosecution launched counterattacks, supported by conservative media.
Japanese-language newspapers uncritically echoed the refrain, “According to Korean media…”
→ How reliable is this information?
These reports ignored the historical context behind the conflicts and predominantly blamed the president. Readers accepted these narratives uncritically, which were further distorted, amplified, and spread through irresponsible TV commentary and online discourse.
What is truly happening in neighboring South Korea right now? Mr. Kitagawa will provide analysis and explanations.
Moon Jae-in Administration VS Yoon Seok-yeol Prosecution
—What is Happening in South Korea Now?—
From the Resume of the Day
Space Tanpopo, March 30, 2021
Lecturer: Hirokazu Kitagawa (Editor of “Japan-Korea Analysis”)
※The following contains personal supplements to the lecture material, so responsibility lies with Soka.
※I recommend watching Mr. Kitagawa’s lecture video above while reviewing this for better understanding.
Methodology of “Japan-Korea Analysis”/“Editorial Side Notes” (Asahi, February 14)
→ Points out that “the Moon administration is not liberal.”
Japanese media tend to judge solely based on whether someone is “anti-North Korea” or “pro-Japan (government).” If not, everything is considered negative. This oversimplification completely ignores the complex realities of a divided nation, the history of friendship marred by past invasions, and the nuanced circumstances that cannot be reduced to binaries.
| 韓国民衆がキャンドルデモで生み出した文在寅（ムン・ジェイン）政権とは何者なのか？その歴史的位置は？政策は？「反日・親北」というフレーム理解は有効か？日本がとるべき国家戦略はいかにあるべきか？そして韓国でいったい何がおこっているのか？何が変わったのか？ 講演】東アジアの平和を！韓国・文在寅（ムン・ジェイン）政権の誕生を受けて／李... - 月刊コモンズ |
・The elimination of deep-rooted corruption was the wish of the Candlelight Revolution’s people, and Moon Jae-in was the candidate who fully embraced and promised to fulfill it. → Political democratization, eradication of monetary dominance, and economic democratization.
・A society where young people cannot afford to have children (birthrate at 0.8, a severe demographic decline).
・The Moon administration severed political and economic collusion, but the chaebol structure itself remains untouched, meaning “economic democratization” has not been achieved. Samsung alone accounts for 20% of South Korea’s GDP, wielding immense power.
Three No Generation (Three Give-Ups): Refers to a generation of young people who have given up on love, marriage, and childbirth. This is viewed as a result of the growing number of working poor in South Korea, who are underpaid and face precarious employment. Terms like “Five Give-Ups Generation” (giving up employment and home ownership) and “Seven Give-Ups Generation” (additionally giving up human relationships and dreams) have also emerged (Wikipedia).
※ President Moon’s top promise in the realm of “political democratization” was prosecutorial reform.
・In addition to prosecutorial powers (judiciary), they also hold ordinary investigative powers (policing), unlike most foreign countries.
・Using the “National Security Law,” they wield immense power to suppress democratization and labor movements.
→ During the colonial period, Japanese police had prosecutorial powers, enabling them to suppress dissent freely, leading to bloated police authority. After independence, measures were introduced to weaken police power to restore balance.
Details of Prosecutorial Reform: Abolishing prosecutorial policing powers and limiting them to prosecutorial functions, aligning with international norms. A specialized and politically neutral investigative body (the Corruption Investigation Office for High-Ranking Officials) was established to handle crimes by those in power. This shifted the prosecution from an institution of arbitrary political repression to a standard administrative body like in other countries.
The South Korean prosecution often conducts forced investigations on former presidents (or their relatives if direct access is not possible) after they leave office to send a clear message to the new president: “Don’t challenge our power.” Known as the “fourth power” comparable to the three branches of government, they have suppressed labor and civil movements, distorting South Korea’s democracy as one of its most significant political impediments.
(1) Issues with the Japan-South Korea “Comfort Women” Agreement
(2) The Suga administration’s claim of “sovereign immunity” in response to court rulings
(3) South Korea’s Supreme Court ruling in favor of former forced laborers
(4) Responsibilities for Prime Minister Suga: “Engage in diplomacy with South Korea,” “Work towards resolving historical issues,” and “Clarify historical understanding.”
The End
The South Korean blockbuster “The King” is an entertaining film set against the backdrop of the prosecution system. While it includes many comedic elements and does not carry an overtly heavy political tone, it offers valuable insight into the concept of “prosecutorial power,” which might be less familiar to audiences in Japan. It also sheds light on how the world of prosecutors is perceived in South Korea.
To fully enjoy the movie, it helps to understand the context: South Korea’s prosecution holds dual powers of investigation and indictment, making it a uniquely powerful institution.
While the film is not inherently political, it does touch on a significant episode from South Korean history: President Roh Moo-hyun, who once attempted to reform the prosecution, was thoroughly crushed by the prosecution, which allied itself with the conservative media and opposition parties. Even after his presidency, the prosecution orchestrated large-scale scandals around his associates as a warning to subsequent administrations, ultimately driving him to take his own life.
Until the Candlelight Revolution, “prosecution reform” was an untouchable subject for all South Korean politicians. When the Moon Jae-in administration took on this challenge, it unfolded much as predicted, but it persisted until the end. The key to this success lay in lessons from the Roh Moo-hyun administration: During his tenure, many of his supporters quickly distanced themselves from him, avoiding involvement in the scandals. This allowed the prosecutorial power to remain unchecked. Moon Jae-in’s administration benefitted from a collective resolve within the human rights community to stay united in their support for the government and prosecution reform, ensuring no divisions emerged.This steadfast unity among human rights advocates became the driving force behind the eventual success of the reform.
Park Tae-soo (played by Jo In-sung), a young man from the rural port town of Mokpo, grows up in a turbulent environment with his father, a petty criminal who makes a living by stealing and selling items like color TVs and household appliances. During his rebellious high school years, Tae-soo witnesses a prosecutor controlling his father with absolute authority.
Awestruck by the prosecutor’s power to dictate sentences and lives, Tae-soo becomes determined to pursue the same career. Despite his poor academic record, he throws himself into his studies. His perseverance pays off as he transforms from a struggling student into a top performer, eventually earning admission to Seoul National University, graduating, and passing the bar exam. Tae-soo’s rise catapults his family out of poverty and into wealth, and he marries the beautiful and sophisticated Sang-hee (played by Kim Ah-joong).
However, Tae-soo’s new job as a prosecutor is far less glamorous than he imagined. Tasked with handling over 30 minor cases a day, none of which make the front page, he begins to feel disillusioned. He comes to a stark realization: only 1% of prosecutors handle the high-profile cases that dominate the news, while the other 99%—himself included—are relegated to less significant cases.
One day, Tae-soo is assigned a case involving a high school gym teacher accused of sexually assaulting a female student. Unlike the usual suspects who cower before prosecutors, this teacher remains unusually confident. Tae-soo later discovers that the teacher used his connections—his father, a former member of the National Assembly—to cover up the incident. Furious, Tae-soo becomes determined to push for a prison sentence.
Amid this turmoil, Tae-soo receives a sudden invitation from Yang Dong-chul (played by Bae Sung-woo), a senior prosecutor working in the “Strategic Division” of the Seoul Central District Prosecutors’ Office. Dong-chul introduces him to the division’s secretive practices, including a storeroom full of unresolved cases involving powerful figures, which the division strategically “ages” for leverage. Dong-chul offers Tae-soo a deal: drop the case against the gym teacher in exchange for a recommendation to the division’s chief, Han Kang-sik (played by Jung Woo-sung). It becomes clear that the gym teacher’s father had already secured Han Kang-sik’s influence behind the scenes.
Han Kang-sik is a formidable figure, feared for his ability to bring down business tycoons, political elites, and celebrities with targeted prosecutions. People believe that “once Chief Han has you in his sights, it’s over.” At the same time, he epitomizes success, hosting extravagant penthouse parties attended by the upper echelons of society. When Tae-soo attends one of these parties, he initially intends to confront Han with his ideals of justice. However, overwhelmed by Han’s charisma and dominance, Tae-soo abandons his ideals in favor of ambition.
“Align yourself with power! Ditch your pride!”
Impressed by Han Kang-sik, Tae-soo becomes consumed with the desire to join the elite 1% of prosecutors, driven by ambition to rise within the system at any cost.
On his way home from Han Kang-sik’s party, Tae-soo finds himself unable to suppress his anger toward the gym teacher present at the event. The situation almost escalates into a confrontation when a familiar face intervenes—Tae-soo’s childhood friend, Doo-il (played by Ryu Jun-yeol). Now a member of Mokpo’s violent gang known as the “Stray Dogs,” Doo-il steps in, vowing to handle any dirty work needed to help Tae-soo rise to the top of the prosecution world. Despite their divergent paths in life, their friendship remains unshaken, and Doo-il is the one person Tae-soo can truly confide in.
Once Tae-soo earns Han Kang-sik’s favor and secures a position in the Strategic Division, his career takes off. Tae-soo begins using his newfound power to secure Doo-il’s release from prison and improve the status of his news anchor wife. However, in the political world, a change in administration is a perilous time for prosecutors. The members of the Strategic Division resort to any means necessary—no matter how unethical—to protect themselves and secure promotions, including manipulating public opinion by leaking sensational news, such as a pure-hearted idol’s drug scandal.
“In politics, you retaliate when attacked,” and “You bury one scoop with another.” These are the norms of their world. Han Kang-sik, Dong-chul, Tae-soo, and Doo-il indulge in extravagance, renting out restricted beaches for wild parties. Tae-soo begins to feel like an untouchable, as if he were part of an unstoppable and ruthless criminal organization.
However, the tides shift when Ahn Hyeon (played by Kim So-jin), a female prosecutor from the Inspection Division, begins investigating Han Kang-sik and his allies. Her actions threaten to unravel the corrupt empire Tae-soo has aligned himself with, setting the stage for a dramatic showdown.
The first target in Ahn Hyeon’s attempt to bring down Han Kang-sik was none other than Tae-soo. Tae-soo’s life was riddled with vulnerabilities: his family’s issues, rumors of an affair with a celebrity defendant, and his unbreakable ties to his gangster friend Doo-il. These whispers of scandal reached Han Kang-sik’s ears, further damaging Tae-soo’s standing. Matters worsened when Tae-soo’s wife discovered his affair, leading her to demand a divorce. Meanwhile, Doo-il had left the “Stray Dogs” gang and was rapidly expanding his influence in Seoul’s Gangnam district.
As another presidential election approached, Roh Moo-hyun emerged as the frontrunner. This development terrified Han Kang-sik and his allies, as Roh, a former lawyer, had openly advocated for prosecution reform—a direct threat to their power. In preparation, Han provided damaging information to the opposition to undermine the ruling party and even sought the aid of a shaman to pray for Roh’s defeat.But Roh Moo-hyun won the election.
As predicted, Han’s position began to erode. To make matters worse, newspapers exposed a scandal involving Doo-il, revealing his ties to Tae-soo. The revelation cost Han the Chief Prosecutor role, sending him into a furious rage. In retaliation, he ordered Tae-soo to arrest Doo-il. Tae-soo faced a moral crisis, torn between his loyalty to Doo-il, who had always supported him, and his inability to defy Han’s command.
Adding to the chaos, President Roh Moo-hyun faced impeachment proceedings, allowing Han Kang-sik to regain influence within the prosecution. Han, now viewing Tae-soo as a liability, orchestrated his transfer to a remote district, effectively sidelining him.
Tae-soo had been entrusted with the money Doo-il had painstakingly saved during his imprisonment. However, instead of returning it to the “Stray Dogs” gang, he kept it for himself, indulging in a life of decadence in a secluded countryside villa. When Ahn Hyeon came to question him for information, Tae-soo feigned ignorance to avoid trouble. Upon his release as a model prisoner, Doo-il discovered the betrayal and, shocked and furious, headed straight to confront Tae-soo.
One night, Han Kang-sik and Yang Dong-chul paid an unexpected visit to Tae-soo, suggesting a night out together. Overcome with nostalgia and excitement, Tae-soo joined them in their car. On the way, however, Doo-il’s car rammed into theirs. Though Tae-soo, Kang-sik, and Dong-chul survived, they were severely injured in the crash.
Doo-il had uncovered Kang-sik’s connection to the “Stray Dogs” boss (played by Kim Ui-seong). Determined to protect Tae-soo, who had once vowed to support him, Doo-il donned a tailored suit and confronted the gang boss. Tragically, he was overpowered and met a gruesome end, fed to dogs in the gang’s most brutal execution method. As his life ebbed away, Doo-il saw the boss calmly drinking coffee, with Kang-sik standing by his side.
Soon after, Tae-soo’s father was unexpectedly arrested. The authorities offered to release him on the condition that Tae-soo resigned from the prosecution. To protect his father, Tae-soo agreed, only to have his family home and possessions seized. Drowning in alcohol and despair, Tae-soo hit rock bottom, realizing that Kang-sik and Dong-chul had stripped him of everything. But then, Tae-soo resolved: “I can’t go on like this.” He stood up to fight back.
Following Doo-il’s example, Tae-soo tailored a suit, bought a new car, and set up a new office in Seoul. He reconciled with his estranged wife Sang-hee, apologizing and mending their relationship. This time, Tae-soo decided to enter politics. With the support of Sang-hee’s politically connected father and Ahn Hyeon, who was eager to bring down Kang-sik, Tae-soo exposed Kang-sik’s corruption and dethroned him from his position as the “king” of the prosecution.
The story concludes with Tae-soo running in a fiercely contested election in central Seoul, facing off against a leading presidential candidate. As the election results loom, Tae-soo utters the iconic line: “You are the king of this world.” Whether Tae-soo wins or loses remains left to the audience’s imagination.
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Mr. Kitagawa’s lecture clearly conveys the significance of the reforms carried out by the Moon Jae-in administration, particularly focusing on prosecutorial reform from a progressive perspective. The reforms, supported by the power of the citizens that emerged during the Candlelight Revolution, undeniably played a critical role in advancing democracy in South Korea.
However, the Moon administration also had its limitations. Economic democratization and chaebol reforms remained insufficient, and responses to structural issues such as low birth rates and youth poverty were limited. Moreover, progress in inter-Korean relations fell short of the expectations set at the outset.
What deserves attention is that support for these reforms was not limited to progressives. Even some conservatives voiced the need to curb prosecutorial power. Prosecutorial reform went beyond the “progressive vs. conservative” divide, reflecting the broader demand of South Korean society for a fairer and more transparent judicial system.