By Kim Cheong-won
Staff Reporter


The main opposition Grand National Party (GNP) has decided to summit a no-confidence motion to expel Justice Minister Chun Jung-bae, following his order for the prosecution to investigate a professor without detaining him over his alleged pro-North Korean remarks.

The GNP Thursday made the decision during a meeting of its high-ranking officials who were angered by Chun’s order, claiming that the move infringed on the prosecution’s independence.

On Wednesday, Chun ordered Prosecutor General Kim Jong-bin to investigate Seoul’s Dongguk University professor Kang Jeong-koo without detaining him over his Korean War remarks.

``No justice minister in the past has ever tried to tell prosecutors what do to in their investigation,’’ said GNP lawmaker Kim Moo-sung.

GNP spokeswoman Rep. Chun Yu-ok also said in a statement that Minister Chun’s order cannot be justified, by saying that there is a public consensus that the National Security Law must be respected.

The opposition party has called for the investigation of Kang with his detention and heavy punishment against him under the National Security Law.

But lawmakers at the ruling Uri Party opposed the idea, saying that the order was in accordance with Minister Chun’s own rights guaranteed by the current law.

``Although most lawmakers at the Uri Party don’t agree with professor Kang’s remarks, but there is no reason to push for a no-confidence motion against Chun because he didn’t make any mistake. And it is his legal right,’’ said Rep. Chung Sye-kyun of the Uri Party.

Since his order to the prosecution on Wednesday, Minister Chun is facing strong protests from prosecutors as well.

About 15 senior prosecutors held a two-hour meeting Thursday to discuss measures over Chun’s order. But Prosecutor General Kim didn’t attend the meeting.

Kim, who was supposed to announce his views on the issue Thursday, would make public his stance sooner or later after gathering various opinions of other prosecutors, the Supreme Prosecutors’ Office said in a statement.

However, sources said that Kim is not likely to tender his resignation in protest against the justice minister’s order, despite a strong backlash from many prosecutors.

The presidential office of Chong Wa Dae expressed regret at the latest development, saying it is undesirable for some political forces and the news media to try to turn the ``judicial matter’’ into a political controversy.

``This is a judicial problem of whether the justice minister has the legal authority (to give orders to the prosecution in a certain case),’’ Presidential Chief of Staff Lee Byung-wan said in a press briefing. ``It has nothing to do with the independence of the prosecution.’’

According to legal experts, it is the first time for a justice minister to take command of an investigation by the prosecution office. The Constitution guarantees the justice minister’s command over the prosecutor general in some cases.

The 60-year-old professor Kang has stirred controversy since June when he posted an article on an Internet news media site claiming that the 1950-53 Korean War should be interpreted as North Korea’s attempt to unify the two Koreas following their division after World War II.

In the process of investigating Kang’s remarks, two thorny issues emerge _ a conflict between Justice Minister and the prosecution over exercising the minister’s power to direct key investigations on certain cases and the question of the National Security Law’s application.

Over his remarks, the prosecution had intended to investigate the professor under detention on Wednesday.

But, Minister Chun gave an order in a written form to the prosecution to investigate Kang without detaining him by saying that the prosecutors’ office should respect the human rights of criminal suspects under the Constitution.

It is not the first time bickering between Justice Minister and prosecutors’ office has been heard.

In August, the Justice Ministry and the prosecution were on a collision course as Minister Chun pledged to direct investigations of major criminal cases, including bribery and illegal political funds scandals.

However, Prosecutor General Kim challenged Chun, saying that he will not follow the minister’s orders in special cases as they may interfere in investigations and encroach on the independence of the prosecution.

``The prosecutor general has no reason to accept it if it is unreasonable. The justice minister should protect the prosecution and the prosecutor general also should protect the prosecution from outside pressure,’’ Kim said.

Kang Kum-sil, former justice minister, and Song Kwang-soo, former prosecutor general, also argued often over the prosecution’s rights and how to push for judiciary reform in 2003 and 2004.

Kang’s case is adding fuel to an ongoing public debate over the legitimacy of the National Security Law, which progressives are calling for its abolishment, claiming that it violates basic human rights.

The law calls for long-term prison sentences or even the death penalty for individuals involved in activities benefiting an ``enemy (North Korea).’’

Critics claim that the law fails to define criminal offenses clearly, preventing people from fully understanding what kinds of conduct are prohibited.

Progressives urge the prosecution not to apply the law to Kang, claiming that it would be a violation of freedom of thought.

However, conservatives are calling for Kang’s stern punishment, claiming that his remarks pose a threat to justice and order.

kcw@koreatimes.co.kr