Even before the National Assembly’s confirmation hearing started for the appointment of the new prosecutor-general, some top-ranked prosecutors retired ― just to follow the tradition that has persisted not only in the prosecution but in most other organizations with hierarchical structures in Korea. The unwritten rule is that when a new head takes office, officials of higher or same seniority should leave the organization. It is about time to end this meaningless practice that only wastes valuable human resources.
Originating from the Confucian culture of rigid hierarchical order, this tradition exists mainly in organizations where the mainstream members are recruited by state examinations, namely administration agencies, the court and prosecution, and public corporations. In these organizations people are usually appointed based on the seniority order decided by the year they started their career.
The stir in the top hierarchy of the prosecution comes in the wake of the resignation of Kim Jun-kyu as the prosecutor-general last month. President Lee Myung-bak nominated Han Sang-dae, 52, head of the Seoul Prosecutors’ Office, to succeed Kim. The selection surprised prosecution insiders because Han was now to overtake several senior officials placed above him in the organizational hierarchy.
In faithful observance of the bureaucratic tradition, the chiefs of the Seoul High Prosecution, the Busan High Prosecution and the Prosecutors Training Institute, who had started their prosecutorial career with Han in the same year of 1986 all tendered their resignations.
An extensive shakeup of the higher positions will follow to fill these vacancies. More than half of the nine high prosecution offices across the country will have new chiefs. Some chiefs of district prosecutors’ offices who are not promoted in the reshuffle are likely to resign. Their usual excuses for retirement are that they would not want to obstruct the leadership of the new chiefs and to help open opportunities for junior officials.
The three departing top-ranked prosecutors are all in their early 50s, rather an early age to end public service. Deputy Prosecutor-General Park Yong-seok, 56, will be the oldest in the organization but he too will leave when the new chief takes office. We will now see the youngest lineup of prosecution leaders in the republic’s history.
Judges are no exceptions to the tradition. The six-year tenure of Chief Justice Lee Yong-hoon ends in September and two of the 13 other Supreme Court justices will retire before the end of the year. When President Lee names their successors, there will be quite a few resignations among high-ranking judges. They do not usually remain in office when one of their colleagues who started career in the same year moves up to the Supreme Court.
In the past, early termination of careers by prosecutors and judges was compensated by their immediate practicing of law, which promised a substantial income. Times have changed, bringing written and unwritten restrictions to the legal service business, which is becoming a highly competitive market with the entry of over 1,000 men and women to the profession each year. We are not sure whether the changing circumstances will force prosecutors and judges to defy the anachronistic tradition, but as of now, we are not seeing it happen.
