[Takryucheongron] Ministry of Justice's Non-disclosure of Indictments and the President's Silence

Thirteen people, including Ulsan Mayor Song Cheol-ho, were indicted in the Ulsan mayoral election interference case, but the sudden refusal of the Minister of Justice to disclose the indictment has deepened doubts and confusion. The Ministry of Justice cites reasons such as a fair trial and the presumption of innocence, but there is no precedent for the Ministry refusing to provide the indictment to the National Assembly, nor is it lawful.

An indictment is a document prepared by a prosecutor after investigation, when evidence is secured and the criminal facts are deemed clear, listing the defendant’s personal information, charges, and facts of the indictment, which must be submitted to the court to formally initiate prosecution. According to the Criminal Procedure Act, when prosecution is initiated, the court must promptly deliver the indictment to the defendant, at least five days before the first trial date, and victims or their families can also request copies of the litigation records. Unlike the prohibition on disclosing investigation details, the principle of open trials allows participants to share the indictment.

Moreover, according to the National Assembly Act and the Act on Testimony, Inspection, and Appraisal in the National Assembly, except when the minister in charge proves that disclosure of state secrets would seriously affect national security, requests for document submission by the National Assembly cannot be refused even if the documents are confidential. The indictment does not fall under such exceptions, and the Minister of Justice has not properly justified this. The Ministry of Justice recently cited the revised “Regulations on Prohibition of Disclosure of Criminal Cases,” but this is only an internal directive and conflicts with higher laws.

Because the Minister of Justice unlawfully refused to disclose the indictment, public interest and distrust in the government increased, and eventually the indictment was fully disclosed by the media. How can the Minister of Justice, who committed an illegal act, blame media outlets that disclosed the indictment in the name of freedom of the press and the public’s right to know? The contents of the indictment were staggering. To ensure Mayor Song’s election, not only the police but also eight agencies under the Presidential Secretariat were systematically mobilized to conduct directed investigations, candidate bribery, and campaign support operations. After misconduct intelligence about former Ulsan Mayor Kim Gi-hyeon was delivered to the police, the Blue House reportedly received 21 reports on the police investigation status. It is clear that the Blue House led the illegal election. Honestly, the indictment reflects the final results of the investigation, so it is currently only the prosecutor’s unilateral claim. The truth of the indictment’s contents will be revealed through trial, so there was no reason for the Minister of Justice to hide it. What exactly was there to fear?

The prosecution recently investigated the then Presidential Chief of Staff and the Civil Affairs Secretary but suspended the investigation temporarily, citing concerns about influencing the April 15 general election. Only the Chief of Staff and the President can meticulously coordinate such a large organization within the Blue House. Mayor Song is known as the President’s “30-year friend,” and it is widely known that the President expressed a wish for his election. Despite a search warrant already issued by the court, the Blue House has refused to execute it for over a month without any reason.

The disclosed indictment mentions the President 35 times, including statements such as “The President or public officials assisting the President’s duties are especially required to maintain political neutrality in elections more than other public officials.” Given that the police investigation status was reported six times to the Blue House’s National Situation Room Chief, it is clear that the President may also be implicated. Not only the prosecution but also the public are paying attention to the President. Yet strangely, the President remains silent. There are even reports that he is exercising his right to remain silent as a suspect. The President represents the nation for five years by delegation of authority from the people but is merely a great servant of the state and its citizens. The President cannot only say and do what he wants but must understand what the people want and say and do what must be done, even if unwilling. The fate of a President who has lost the trust of the majority of the people and become the target of anger and ridicule is already near its end. Still, the people do not want to witness the President’s misfortune again, so perhaps there is still a chance.

Lee Chang-hyun, Professor, Graduate School of Law, Hankuk University of Foreign Studies