What is the root of the December 3 civil war?

What is the root of the December 3 civil war? Since the commander-in-chief invaded the Constitution by mobilizing the military, the military should be singled out first. However, many people would agree with the criticism that the prosecution has a deeper background than the military. The main culprit of the civil war was the former prosecutor general, and since his election as president, everyone has seen that the prosecution has almost united with him to make the Republic of Korea a "prosecutor state." Is it too much to interpret that the spark that the prosecution's power, which is almost impossible, and the president's "prosecutorial" governance style created together was the December 3 civil war.

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"The Birth of a Prosecutor" is a book that summarizes the results of a group of people who have been interested in prosecution reform issues since last year under the name of "Reset the Prosecution Research Group" in 77 question-and-answer format. Eight people participated, including jurists Oh Byung-doo and Han Sang-hee, lawyers Baek Min, Baek Seung-heon and Jeon Soo-jin, civic group activists Lee Jae-geun, and reporters Lee Chun-jae and Jung Eun-joo, who have abundant legal reporting experience. It is easy to understand the principle of operation of the prosecution organization, dangerous attributes, and complex legal controversies and contexts surrounding prosecution reform, and adds a prosecution reform journal and an overview of 30 major prosecutors' corruption and corruption cases as an appendix to help readers understand.

The starting point of the problem lies in the deformed excessive power given to the prosecution of the Republic of Korea. Prosecutors in any country have the same prosecution function that prosecutors prosecute criminals on behalf of the state and carry out criminal proceedings as plaintiffs for trial. However, the monopoly of prosecution that only prosecutors can prosecute and the convenience of prosecution that leaves it to prosecutors' discretion gives excessive authority to the Korean prosecution and leaves room for arbitrary exercise of that authority. In addition to the prosecution function, the Korean prosecution shows off its presence and develops its own power in major cases where social attention is focused by having a direct investigation function. In particular, Sangmyung Habok's "principle of unity of prosecutors" with the prosecutor general as the apex, leads to abuse of power by concentrating enormous power on the head of the prosecution.

If this explanation of the system and structure is abstract, let's take a concrete example. In the "Samsung X File" case, where prosecutors received bribes from Samsung Group, they were not investigated at all, even though the names of seven former and current prosecutors who received money were revealed. Rather, Roh Hoe-chan, who disclosed the file, was put on trial for violating the Communications Secret Protection Act and was sentenced to four months in prison, one year of probation, and one year of suspension of qualification, losing his parliamentary seat. Prosecutor Son Joon-sung, who was indicted on the accusation owner's case, was sentenced to one year in prison in the first trial, but was promoted to the chief prosecutor in September 2023 while he was on trial. On the contrary, the leadership of the Seoul Central District Prosecutors' Office, which was in charge of the President's wife's alleged manipulation of Deutsche Motors' stock price and the receipt of luxury bags, was excluded from the investigation command through "left-handed promotion" in personnel appointments in May 2024.