"Antaegeun's 'Retaliation Against Seo Ji-hyun' Overturned by Supreme Court for Retrial... 'Hard to See as Abuse of Authority'"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has sent the case back to the second trial, ordering a retrial for former Chief Prosecutor Ahn Tae-geun, who was indicted on charges of retaliatory personnel action against Prosecutor Seo Ji-hyun, whom he sexually harassed. The court ruled not guilty on the charge of abuse of authority, stating that the lower court misunderstood the legal principles.

The Supreme Court's Second Division (Presiding Justice Noh Jeong-hee) overturned the original sentence of two years imprisonment for Ahn, who was indicted on charges of abuse of authority to obstruct the exercise of rights, and remanded the case to the Seoul Central District Court on the 9th.

The Supreme Court stated, "It is difficult to see the facts of the indictment as falling under 'causing someone to perform an unnecessary act' as defined in the crime of abuse of authority to obstruct the exercise of rights." The ruling was overturned on the grounds that Ahn, as a prosecutor responsible for personnel affairs, had discretionary power to judge the contents when drafting and deciding personnel plans.

Former Chief Prosecutor Ahn was tried on charges of improperly intervening in the personnel transfer process in August 2015, when Prosecutor Seo, whom he had sexually harassed in the past, was transferred from the Yeoju branch of the Suwon District Prosecutors' Office to the Tongyeong branch of the Changwon District Prosecutors' Office, while he was serving as the Director of the Prosecutor's Office at the Ministry of Justice, overseeing prosecution personnel affairs. It was alleged that he tried to demote Prosecutor Seo out of fear that the sexual harassment would become known inside and outside the prosecution.

The first and second trials found Ahn guilty of abuse of authority and sentenced him to two years in prison. However, the Supreme Court's judgment was different.