The anxiety of special prosecutors standing on the line between legality and illegality. A feeling of walking on a prison wall. Graphic by Hanmi Ilbo

Discussions regarding the return of dispatched prosecutors and investigators from the three special counsel teams are gaining momentum, drawing significant attention to the underlying reasons. While they ostensibly cite the separation of investigation and prosecution powers as the cause, the underlying sentiment is reportedly different.

Some in the legal community point out that because the enforcement of the revised law is not until next year, investigation and prosecution are currently permissible. However, they argue that the prosecutors are revealing an inner desire to distance themselves from the special counsel teams due to fears over potential legal disputes.

Approximately 50 prosecutors are dispatched to the insurrection special counsel, 40 to the Kim Keon-hee special counsel, and 14 to the Marine Corporal Chae special counsel. When investigators are included, the total personnel across the three special counsel teams approach 250. This is equivalent to moving an entire mid-sized district prosecutor's office.

However, discussions about returning to their original posts have recently been emerging among the dispatched prosecutors. Some have already submitted resignations, and many have expressed an intention to return. Although official statements have been withheld, this is widely interpreted as evidence that a significant majority favor returning.

The enforcement of the revised Government Organization Act is scheduled for next September. Therefore, prosecutors are still legally permitted to conduct both investigations and prosecutions. Legally, there is no issue. Yet, why are they discussing a return?

The core of the issue is the anxiety they feel themselves. Prosecutors and investigators who have experienced the special counsel front lines know better than anyone that minor procedural flaws during search and seizures, forensics, and investigations can lead to disputes over the admissibility of evidence in future trials.

In fact, a former high-ranking prosecution official remarked:

 “Special counsel prosecutors and investigators must feel like they are walking on a prison wall. They probably have no desire to see it through to the end. That is the atmosphere I’ve heard about. If you look at the meaning behind the anxiety that they might be investigated once the administration changes, doesn't it imply that they themselves judge their current investigations to be treading the line between legal and illegal?”

The return of prosecutors would mean a loss of the "brain," while the departure of investigators would result in the paralysis of the "hands and feet." If the nearly 250 dispatched personnel waver, the special counsel investigations will inevitably face more than just delays; they will essentially grind to a halt.

However, a return is not possible based on personal desire alone. Since the dispatch was carried out by the Minister of Justice's personnel order, a return is impossible without the Minister's approval. Ultimately, the only realistic paths for the prosecutors are to tender their resignations or remain in a state of self-contradiction.

It is not expected that the Minister of Justice will approve a mass return. Therefore, the anxiety of the dispatched prosecutors is expected to manifest through the extreme method of a "chain of resignations."

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