The Prosecutor General is Exhausted (1)
Who would be the most opposed to changing the Criminal Act to a system of concurrent sentencing? Himura? Or perhaps guys like Lee Gi-chang? Surprisingly, no. Some might wonder, "Why not?" but the law fundamentally prohibits retroactivity. To put it simply, it is the principle that when a law is enacted, it cannot be applied to events that occurred before its creation.
The most famous instance in South Korea where this principle was broken was the charge of insurrection against JD and N in our original history. Because they were protected by law while serving as president, they could not be held accountable, yet they were put on trial even after 15 years had passed since the incident. Even back then, the debate among legal scholars was quite heated. Those in favor of retroactivity argued, "The statute of limitations should be considered suspended during the presidential term," while those against it argued, "Insurrection can be legally prosecuted even during the term of office." At the time, the National Assembly enacted a Special Act to punish JD and N, and after countless debates, the Constitutional Court ruled the act and the verdict constitutional. In short, legal retroactivity is a "tremendously difficult challenge."
Furthermore, the Constitutional Court's decision at that time had a huge impact in 2015 regarding the extension of the statute of limitations for murder cases. Originally, the statute of limitations for murder was 15 years, but through a bill passed by the National Assembly, it was changed to indefinite. In principle, this shouldn't have applied to "already committed murders," but the "1996 Constitutional Court precedent" allowed for retroactive application. Thus, the statute of limitations for "murder cases whose limitations had not yet expired as of 2015" became indefinite.
However, it is currently 1988. Since there is no such precedent from the Constitutional Court yet, there were quite a few people who opposed it. The problem was that the opposition wasn't just limited to those concerned about legal principles.
"No, how can you shake the very foundations of the judiciary like this?"
At the words of the Chief of the Seoul Central District Prosecutors' Office, others nodded in agreement. Nearly thirty people had gathered. They were none other than prosecutors. And not just any prosecutors, but figures with power at least equal to that of a District Chief. Of course, the Chief of the Seoul Central District Prosecutors' Office was receiving treatment equivalent to a High Prosecutor at the time.
"The President must be insane. To change the Criminal Act as if he's roasting beans in a lightning strike, tsk tsk..."
The Chief of the Seoul High Prosecutors' Office, who held more clout than the Seoul Central District Chief, chimed in and clicked his tongue.
"If we go on like this, the country will fall. We must stop it somehow."
The phrase "the country will fall" always comes up at times like this. However, the country never actually falls. Most of the time, the people making the most noise about the country falling are the very ones ruining it.
The reason they were currently losing their minds and making a fuss? Naturally, it was for their own benefit.
"Hey, everyone gathered here knows enough, so why bother with that pretense? Just be honest. Why are you making it so difficult?"
At the words of the Daegu High Prosecutor, others nodded, and the Daegu High Prosecutor continued.
"To be honest, changing to concurrent sentencing brings us zero benefits. If it were cumulative sentencing, maybe, but if we go with concurrent sentencing and use a slap on the wrist, it'll be too obvious."
Fundamentally, when crimes related to the political sphere occur, it is rare for only one crime to be committed. The base crime is usually related to bribery. Since bribery is committed to engage in corruption, related charges are naturally added. That makes it 1+1. Then, to pressure someone, various crimes such as intimidation, assault, and concealment are used, and under the cumulative sentencing system, these could all be completely ignored. To be precise, not ignored, but while one could add up to 50 percent to the highest sentence, judges and prosecutors would ignore these additions if their pockets were full.
For example, if a criminal is caught on charges of bribery, prostitution mediation, assault, intimidation, or gambling, the prosecutor would dismiss most of these as "no charges." Even if some charges remained, the judge could just grant a suspended sentence. But what if they commit another crime during the probation period? The prosecutor does the same thing, and the judge gives the person a fine. Suspended sentences don't cause problems with fines. In some cases, they even give what is called a "double suspension," a continuous suspended sentence. Of course, it's generally very difficult, but if the conditions are created, it's not impossible to give a suspended sentence to a criminal who is already on probation.
Like this, criminals could overcome any danger if they were close to judges and prosecutors. People in the 2010s would probably know this better than anyone.
"So, we must work together to overcome this difficulty."
At the words of the Seoul Central District Chief, the Seoul High Prosecutor sighed.
"How? The Minister is someone with different roots than us from the start."
It is customary to appoint a "legal professional" as the Minister of Justice. As of 1988, there had only been one non-legal professional Minister of Justice, back in 1950. Since then, it has always been a legal professional. Even looking at the original history, legal professionals served as Minister of Justice until 2017. But what about DJ? As the Seoul High Prosecutor's sarcastic voice implied, DJ was not a legal professional. Therefore, the current loyalty of judges and prosecutors toward the Minister of Justice was almost at rock bottom. When DJ was appointed, the fact that judges and prosecutors were quiet was just a way to show that they were different from the military regime; it was never because they liked DJ.
"Still, shouldn't we at least talk to him? Even if his roots are different from ours, he has deep ties to the government, so if we persuade him well, who knows what might happen?"
At the words of the Daegu High Prosecutor, everyone nodded as if they had no choice, despite their dissatisfied expressions. And at the same time, they looked at the Prosecutor General.
"U-uh?"
The person who should be showing the most leadership here. Although the prosecution belongs to the executive branch, if you combine the prosecution and the judiciary, the person with the most clout should be the Chief Justice of the Supreme Court, one of the "three branches of government." But the judges, including the Chief Justice, were not present.
"If you don't step up, General, who will? The Chief Justice is effectively a government puppet, which is why the judges aren't here, but you must step up, General."
The Prosecutor General is the number one in the prosecution. Naturally, he was the person who needed to show leadership now.
"No, what would change even if I speak... The National Assembly is already on the government's side..."
As the Prosecutor General spoke in a voice that was unusually weak, the Daejeon High Prosecutor interrupted.
"You must step up, General. Now that the courts have become pro-government, the only thing left is our prosecution, and you are the only one who can lead the prosecution."
In the end, the Prosecutor General had no choice but to take the lead, crying while eating mustard. No matter how powerful the number one in the prosecution was, it was hard to refuse if all the members demanded something.
"So, you're saying I should personally deliver the opinion that this Criminal Act revision is impossible to His Excellency?"
In the Minister of Justice's office, DJ looked at the Prosecutor General with a truly puzzled expression.
"Yes? Ah... yes. That, that is correct."
Originally, the relationship between the Minister of Justice and the Prosecutor General is never like this. The appointment of the Prosecutor General is done by the "Prosecutor General Candidate Recommendation Committee" recommending candidates, and the Minister of Justice requesting the President to appoint one of them. It is effectively the same as the prosecution leadership notifying the Minister of Justice, "If you don't appoint this person, prepare for our relationship to be severely strained." Furthermore, the person recommended by the committee is effectively the number one in the current prosecution or their closest aide. Given the prosecution's strict hierarchy, the committee's decision is also someone's decision. And the Minister of Justice is appointed by the President. Therefore, the Minister of Justice is a person with the mission to move the prosecution according to the President's taste, and the Prosecutor General is a person who defends the existing authority of the prosecution against such a Minister. That is why legal professionals had been appointed as Minister of Justice all this time. And they were even people with higher seniority than the Prosecutor General.
However, because DJ was not a legal professional, he was not a senior to the Prosecutor General. Yet, the Prosecutor General was cowering before DJ. The reason flowed directly from the Prosecutor General's mouth.
"Honestly, I'm also very frustrated. If the government and the National Assembly were fighting, I could side with one to gain profit, or aim for a windfall. But in this situation, I have no idea what you want me to do. Isn't the Chief Justice of the Supreme Court also a pro-government figure right now?"
Just because he is the Prosecutor General doesn't mean he is a good person. But that doesn't mean he is incompetent either. No matter how much he thought about it, rebelling against the government in this situation was truly insane. The legislative branch was implementing this law revision, and there was no way the prosecution, which belongs to the executive branch, or the courts, which belong to the judiciary, could do anything about it. Even the head of the judiciary, the Chief Justice, was currently a pro-government figure.
"That is true. Since you came to me, the high-ranking prosecutors must have gathered and vented their anger, and I assume there were no judges there, right?"
As DJ hit the nail on the head, the Prosecutor General sighed.
"As expected, you already knew."
"That goes without saying."
The Chief Justice of the Supreme Court had the power to appoint all judges except for Supreme Court Justices. If the executive branch succeeded in placing a pro-government figure, one with strong loyalty, in the position of Chief Justice? They could effectively use the judiciary as their limbs. The reason judges didn't appear at this prosecution meeting wasn't because they welcomed the Criminal Act revision. The moment they participated, they could be removed from their positions by the Chief Justice, or even disciplined. That's why they couldn't come.
Then how is the Chief Justice appointed? It's simple. The President can do it if he gets the consent of the National Assembly. Since the executive branch already controls the National Assembly, could they not place the person they want in the Chief Justice position? Everything had a reason.
"I will speak honestly. I also do not like the Criminal Act revision currently being pushed. Because my future profits will disappear. However, I know better than anyone that the law will pass no matter what I do. So please, believe in just one thing. Whatever I say, it is not my true heart. You know well what kind of difficulties I am facing right now, don't you?"
"You wouldn't even be able to speak properly in the first place, would you?"
When DJ spoke and the Prosecutor General looked puzzled, DJ continued.
"Can you make a statement opposing this Criminal Act revision in front of the public, who are currently burning with rage?"
The Prosecutor General realized a fact he had momentarily forgotten.
"Ah... I just want to quit being Prosecutor General."
If he said the wrong thing now, he might actually die. Therefore, the Prosecutor General was genuinely considering resignation.
"I have heard well about the difficulties you are facing. As long as you don't act out, I will convey today's matter well to His Excellency, so please return for today."
"P-please, I beg you. It is not my true heart."
The Prosecutor General even bowed 90 degrees to DJ before leaving the office. Then, DJ smiled quietly.
'I suppose I will be the most powerful Minister of Justice in history.'
The Prosecutor General spoke to everyone at the meeting again.
"The Minister of Justice said he has no intention of cooperating with us."
As the Prosecutor General smacked his lips, most of the prosecutors gathered there began to vent their anger about the Minister of Justice.
"As expected, I knew that bastard would do that."
"That communist bastard."
"Why is a bastard who doesn't even know the law sitting as Minister!"
After the heat had been vented once, the Daegu High Prosecutor opened his mouth.
"General, we cannot just stay still. We must announce that this Criminal Act revision is wrong and stand up against the government."
"You want me to announce that?"
At the Prosecutor General's counter-question, the Daegu High Prosecutor nodded.
"Yes, that is correct."
"Are you out of your mind?"
The Prosecutor General showed a truly disgusted expression.