Challenging Political Corruption in Korea -The Conflicting Role between the Public Prosecution and the Independent Counsel-

Abstract

Which agency is most responsible for controlling political corruption? Of course, the public prosecution office has played the central role in the investigation and prosecution of political corruption. However, the public prosecution was often blamed for its political unfairness which functioned as a kind of political tools for repressing the opposition parties or the opposing social groups. The newly elected President Roh Moo Hyun which had conflicted with the public prosecution in the process of his political ascent declared that his government break with the political use of the public prosecution. Under the new government, the public prosecution, with more autonomy, began to investigate the grand scale of secret fund by the chaebol companies, and its range of investigation finally reach the illegal fund for the presidential election in 2002. The amount of political funds raised a storm of popular indignation. The president was under the prosecution for impeachment by the National Assembly, and the opposition party to whom political fund of more than 10 times was given was greatly defeated at the general election in April 2004. The Central Investigation Section under the Supreme Public Prosecution Office became a focus of media. But, its role would be diminished after its function would be redelegated into the Special Section under the District Public Prosecution Office. The Independent Counsel in Korea means a Special Prosecutor, by a special Act, designated for the investigation of a specific political corruption. Despite the strong reluctance from the ruling party, there have been established four special...이 글은 서울대학교 법학발전재단 출연 법학연구소 기금의 2004학년도 학술연구비의 지원을 받았음