The authority of the Minister of Justice to direct the Prosecutor General in specific cases

Many countries, when it comes to exercising prosecutorial authority, which is one of the most powerful functions of the state, aim to ensure the independence, fairness, and political neutrality of this authority. At the same time, they establish mechanisms to secure democratic legitimacy and accountability for the exercise of prosecutorial power. In South Korea, Article 8 of the Prosecutors' Office Act allows the Minister of Justice to direct the Prosecutor General, although the Minister cannot directly direct prosecutors in specific cases. This paper examines whether the Korean legislative approach regarding the Minister of Justice's authority to direct specific investigations undermines the political neutrality and fairness of the prosecution by reviewing examples and legislation from major countries. No perfect legal system or model was found that guarantees political independence while ensuring accountability for prosecutorial decisions in specific cases. Regardless of which legislative model is adopted, there is always the potential for the prosecution to be subject to inappropriate pressure. In light of the fact that Korean legislation separates the roles of the Minister of Justice and the Prosecutor General, it can be considered to secure a higher level of prosecutorial independence compared to the legislation of the United States or Canada. Considering these aspects, it is difficult to say that the prosecution in our country cannot exercise its authority fairly and neutrally, independent of political influence, due to the provisions of Article 8 of the Prosecutors' Office Act regarding the Minister of Justice's authority to direct investigations in specific cases. As long as the prosecution remains a powerful institution and continues to be politicized, the Minister of Justice's authority to direct specific investigations under Article 8 of the Prosecutors' Office Act is deemed necessary. Furthermore, independent of the abolition of the Minister of Justice's authority to direct specific investigations under Article 8 of the Prosecutors' Office Act, I believe that the independence and political neutrality of the prosecution can be achieved only through the prosecution's own efforts. The issue of political prosecution did not arise because of the existence of the Minister of Justice's authority to direct specific investigations under Article 8 of the Prosecutors' Office Act, and it cannot be resolved simply by abolishing this authority. The fundamental solution lies in the professional ethics of prosecutors to exercise their power independently, neutrally, and fairly, separate from politics.