Marine Corps special prosecutor asks for legal interpretation after CSCO refuses to dispatch prosecutors

The special prosecutor's team investigating the death of Marine Corporal Lee Myeong-hyeon sent an official letter to the National Assembly's Legislation and Judiciary Committee on the 14th, requesting a legal interpretation of who holds the authority to request disciplinary action against the head of the Corruption Investigation Office for High-ranking Officials (CSCO), in connection with the office's refusal to dispatch prosecutors. The provision in question is Article 6 of the Special Prosecutor Act on the death of the Marine. Under the provision, the special prosecutor's team may receive prosecutors seconded from the Public Prosecutors' Appeals Department and the CSCO, among others, and in the CSCO's case, it explicitly requires the dispatch of three or more prosecutors, or one-tenth of the total number to be seconded.

Citing this provision, the special prosecutor's team repeatedly asked the CSCO since November last year to dispatch prosecutors to handle trial proceedings, but was refused.

The CSCO maintains that the obligation to dispatch prosecutors applies only during the special prosecutor's investigation period and therefore does not apply during the trial stage. It also argues that a dispatch is practically difficult due to a shortage of investigative personnel, and that it would be inappropriate given the potential conflict of interest, as the special prosecutor's team has indicted CSCO officials.

The indictments cited by the CSCO are those of chief Oh Dong-woon and deputy chief Lee Jae-seung. The special prosecutor's team indicted the two on charges of dereliction of duty for leaving a case, in which they were to report a supervising prosecutor, unattended for about 11 months; their first trial is currently underway.