Kim Ji-yong, head of the Serious Crimes Investigation Bureau, and Kim Jong-cheol, acting chief of the National Police Agency, attended a Cabinet meeting at the Blue House on the 20th. In January, acting Prosecutor General Koo Ja-hyun and acting National Police Agency Chief Yoo Jae-sung also participated in a Cabinet meeting.
This follows President Lee Jae-myung's request on December 30 of last year, stating, "From the next Cabinet meeting onward, unless there are special circumstances, all should participate. Since it’s once a week..."
Criticism has emerged from the opposition regarding this move. On the 20th, lawmaker Han Dong-hoon expressed on Facebook, "The tradition of not allowing the Prosecutor General and the Police Chief to attend Cabinet meetings has been maintained to ensure the independence and neutrality of investigative agencies."
The debate surrounding the attendance of heads of investigative agencies at Cabinet meetings is intense. Here are three key points fact-checked regarding this issue.
Before examining the claims, it is important to note that attendance at Cabinet meetings is divided into two types. Those who attend as formal members with voting rights include the President, the Prime Minister, and Cabinet members as stipulated in Article 88 of the Constitution. Others who attend without voting rights are referred to as 'observers.' The core issue here is whether their attendance constitutes 'observation' rather than participation with voting rights.
President Lee Jae-myung stated on the 21st, "The argument against the attendance of the Prosecutor General and the Chief of the Serious Crimes Investigation Bureau is an unconstitutional absurdity."
He cited Article 66 of the Constitution and Article 11 of the Government Organization Act as his basis. Article 66 states, "The executive power belongs to the government, which is headed by the President," while Article 11 allows the President to direct and supervise all heads of central administrative agencies. Additionally, Cabinet meeting regulations permit the President, as the chair, to invite heads of central administrative agencies and important officials to attend if deemed necessary.
Thus, as President Lee Jae-myung asserts, allowing the Prosecutor General and the Chief of the Serious Crimes Investigation Bureau to attend Cabinet meetings falls within the President's authority.
Legal interpretations suggest that there are no legal issues surrounding the attendance itself.
In summary, the claim that it is legally possible for the Prosecutor General and the Chief of the Serious Crimes Investigation Bureau to attend Cabinet meetings is true.
Some critics argue that there is no precedent for the Prosecutor General and the Police Chief attending Cabinet meetings.
To conclude, this assertion is not accurate.
From 2003 until the 23rd Cabinet meeting in 2025, we reviewed all 1,265 Cabinet meeting records made public by the Ministry of the Interior and Safety.
The findings indicate that while the Prosecutor General has never attended a Cabinet meeting, the Police Chief has attended a total of seven times.
Specifically, former Police Chief Choi Gi-moon attended the 21st and 22nd meetings in 2003, and the 27th meeting in 2004. Subsequently, former Chiefs Lee Taek-soon in 2006, Lee Cheol-seong in 2016, Min Gap-ryong in 2020, and Yoon Hee-geun in 2023 also attended Cabinet meetings.
Therefore, the claim that there is no precedent is inaccurate. However, given that there have only been seven instances of the Police Chief attending out of 1,265 Cabinet meetings, it is deemed mostly false.
So why have instances of heads of investigative agencies attending Cabinet meetings been so rare?
This is to ensure the political neutrality and independence of investigative agencies.
On the 22nd, Choi Eun-seok, the chief spokesperson for the People Power Party, commented, "Previous administrations have respected the political neutrality of investigative agencies by not allowing their heads to attend Cabinet meetings."
Legal experts have also raised concerns that the traditional absence of the Prosecutor General and Police Chief from Cabinet meetings could compromise the political independence of investigative agencies.
Conversely, President Lee Jae-myung stated on the 21st via X, "Just as I do not give specific instructions for permits to ministers, I will not direct investigations, so there is no need for concern." He added, "I will do my utmost to prevent the politicization of prosecutors and investigators and ensure that state agencies do not become tools for private interests."
Despite the President's direct clarification, concerns from the opposition remain unresolved.
On the 22nd, Chief Spokesperson Choi Bo-yoon of the People Power Party referenced a drama, stating, "In a scene where the boss at a company dinner says, 'Do as you please, I want jjajangmyeon,' none of the employees could order anything else and just waited for their turn." He expressed concern that while the President may have ordered the Chief of the Serious Crimes Investigation Bureau to conduct an unimpeded investigation, in a public service culture where hierarchy prevails, the mere presence of the appointing authority could be interpreted as an implicit directive.
While concerns that the attendance of heads of investigative agencies at Cabinet meetings could undermine investigative independence are valid, whether such adverse effects will materialize falls outside the realm of fact-checking, so we reserve judgment.
* This article has been translated by AI.
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