Prosecutors Decide Not to Indict Chu Mi-ae and Others Over 'Special Leave' Allegations... "Simple Delayed Return, No Military Desertion Crime" (Comprehensive)

Prosecutors Decide Not to Indict Minister Chu and Son Seo
Former Aide and Then-Local Chief Also Not Indicted

[Image source=Yonhap News]

[Asia Economy Reporter Lee Jung-yoon] The prosecution has decided not to indict Minister of Justice Choo Mi-ae, her son Seo, and related parties including a former aide, regarding allegations of "preferential leave" during Seo's military service.

On the 28th, the Criminal Division 1 of the Seoul Eastern District Prosecutors' Office (Chief Prosecutor Kim Deok-gon) announced that they had decided not to indict four individuals?Minister Choo, Seo, Minister Choo's former parliamentary aide A, and B, who was the regional commander during Seo's military service?due to "lack of charges."

Regarding Seo's alleged military absence, the prosecution explained, "The initial sick leave, extended sick leave, and regular leave were all conducted with the approval of the regional commander," adding, "It is difficult to see that Seo, who was verbally notified of this, had the intent to evade military duties." On June 25, 2017, when the on-duty soldier who first exposed the case recognized Seo's failure to return from leave, Seo was already on regular leave, making it difficult to establish military absence.

According to Article 30 of the Military Criminal Act, military absence is classified as either "local absence," which is leaving the assigned unit, or "failure to return" (military absence), which refers to those who have legally left the unit on leave, outing, or overnight leave but fail to return within the designated time. The prosecution explained, "Simple delayed return without the intent to evade military duties does not constitute military absence."

Seo's alleged intent to evade duties was also dismissed because both the initial and extended sick leaves were based on medical certificates and opinions issued by doctors, and the fact that Seo underwent surgery and treatment was confirmed through medical records.

Seo served as a KATUSA (Korean Augmentation To the United States Army) soldier assigned to the US 8th Army Korea Support Group 2nd Division regional unit. He took two sick leaves and one personal leave from June 5 to 27, 2017. Allegations of external pressure from Minister Choo's side during this process were raised, leading to a complaint. Since the charges against Seo were not established, the prosecution concluded that Minister Choo, the aide, and military officials were also not guilty.

However, the prosecution confirmed that during the process of extending Seo's leave, there was suspicion of external pressure from Minister Choo's side. Seo was informed by the unit that additional sick leave extensions were not possible but was later approved to use regular leave. The prosecution explained that the aide's inquiry to the support officer about extending sick leave and the guidance provided by the support officer regarding the support officer and regular leave use could not be considered an improper solicitation. A prosecution official stated, "For the Anti-Graft Act to apply, there must be a solicitation to violate laws or regulations, but sick leave (petition leave) is allowed within 30 days according to the Enforcement Decree of the Basic Act on the Status and Service of Soldiers."

Regarding allegations that Minister Choo instructed the aide to make improper arrangements for her son's leave extension, the prosecution stated, "Mobile forensic analysis of the former aide's cellphone confirmed that there were KakaoTalk messages exchanged over two days between the Minister of Justice and Seo regarding the extension of sick leave and regular leave," but "the aide testified that no instructions were received."

The prosecution searched the Ministry of National Defense in relation to a recorded conversation about Minister Choo's side directly filing a complaint with the Ministry's civil affairs office but could not confirm the complaint filed by Minister Choo's side in June 2017. The prosecution stated, "Communication records have expired, and the cellphone used at the time was not secured, making it impossible to verify who actually made the call to the support team leader."

Regarding the controversy over delayed investigation into the preferential leave allegations, the prosecution said, "Due to the COVID-19 outbreak and personnel changes, summoning the parties was difficult, but we diligently investigated by obtaining related materials and questioning seven informants and military personnel from May to July."

The prosecution transferred two individuals, the unit's support officer and support team leader, to the Army Headquarters Prosecutors' Office because they were active-duty soldiers at the time.