The reason why a pardon for the homeland is necessary now, the starting point of judicial reform.

The Political Significance of Former Minister Cho Kuk's Pardon

Since the inauguration of the Lee Jae-myung government, the issue of whether to pardon and restore former Minister of Justice Cho Kuk has emerged as an important political topic. Cho is remembered as a symbol of judicial reform during the Moon Jae-in administration. However, under the leadership of then Prosecutor General Yoon Seok-youl, he faced intense investigations and ultimately received indictments and a guilty verdict. He is currently incarcerated and has lost his eligibility to run for office. Amid this situation, calls for Cho's pardon are growing, with arguments focusing on the political background of the investigation, controversies over fairness, connections to judicial reform, the constitutional legitimacy of pardon authority, public opinion, and potential shifts in the political landscape. This article aims to closely examine each argument based on media reports and expert opinions, and to present a conclusion on whether a pardon for Cho Kuk is currently necessary.

Political Background of the Investigation and Issues of Procedural Legitimacy

As soon as former Minister of Justice Cho Kuk was nominated as the candidate for Minister of Justice, the prosecution launched an all-out investigation. This investigation is evaluated as significantly deviating from standard investigative procedures, and many legal figures and former ministers of justice criticized it as a "politically motivated planned investigation." The fact that the investigation began on the same day as the Cabinet meeting and that the Prosecutor General directly instructed the direction of the investigation indicates that Cho's nomination was viewed as a backlash against prosecution reform. More than 100 search and seizures were carried out, which raised allegations of "targeted investigation." These circumstances raise fundamental questions about the legitimacy of the investigation into Cho Kuk.

Controversy over Equity and Issues of Legal Judgment

Former Minister Cho Kook and his family were convicted of charges such as entrance exam fraud and obstructing investigations, but their sentences and legal responses have sparked controversy regarding fairness compared to similar cases. For instance, in the Sookmyung Girls' High School exam leak case, despite the relatively low level of punishment for Ms. Jo Min, a higher sentence was imposed on the former minister. Additionally, the fact that he was sentenced to two years in prison in the second trial yet was not taken into custody is an unusual occurrence when viewed against legal conventions. Questions about the balance of such legal judgments continue to be raised in the political arena.

The relevance to the historical task of prosecutorial reform

Former Minister Cho has made judicial reform his policy goal, which is closely related to his political identity. However, the prosecution has turned the discussion of judicial reform into a political confrontation through a full-scale offensive by former officials. Judicial reform was not the goal of a specific politician, but a historical task that resonated with a large part of the public. The reality that the symbol and leader of that reform is imprisoned has led to frustration regarding the reform and national disappointment. Therefore, the pardon of former Minister Cho can be a symbolic action that restores the historical significance of judicial reform beyond the restoration of an individual's honor.

Constitutional Legitimacy and Political Judgment

Article 79 of the Constitution grants the president the power of clemency. This is a system that allows for the correction of judicial limitations even after a final ruling under legal procedures and helps to realize the value of social integration. Former Minister of Justice Cho Kuk also acknowledges the "constitutional prerogative of the president" regarding the discussion of clemency, but the necessity of clemency is further emphasized within the political and legal context. Even if a legal final ruling has been made, if it contradicts social equity, it is possible to restore balance through clemency.

Changes in Public Opinion and the Political Landscape

The movements in public opinion and the political arena show that there is still significant national interest in the pardon of former Minister Cho Kuk. In particular, the younger generation is paying attention to his messages and symbolism, and despite the low party approval ratings of the Cho Kuk Innovation Party, there has been a surge in search volume among those in their 20s and 30s. Should the pardon be realized, the resumption of political activities by former Minister Cho is likely to directly affect the dynamics of the progressive camp and the operational power of the Yoon Suk-yeol administration. This reflects the political symbolism of former Minister Cho that transcends simple categories.

Former Minister Cho Kuk's Pardon and Its Meaning

The pardon of former Minister Cho Kuk is not merely an issue of leniency for an individual. It represents a historical judgment that includes allegations of politically motivated investigations, lack of legal fairness, failures in prosecutorial reform, and the necessity for social integration. If the Lee Jae-myung administration seeks to promote national unity, the pardon of former Minister Cho could serve as a starting point. The pardon is not a free pass for the past, but a decision for the future, and at this juncture, the pardon for former Minister Cho can be considered a choice with legal and political legitimacy.