Prosecutors Say Chu Mi-ae's Son Used 'Mommy Chance' but It Is Not a Crime

[Asia Economy Reporter Seongpil Cho] The prosecution's key basis for dismissing all suspects related to the military preferential treatment allegations involving Minister of Justice Choo Mi-ae's son on the 28th is that "all leave usage and extensions were carried out with the approval of the regional commander." Although it was acknowledged that the "mom's chance" was used, the logic is that since the leave itself of Minister Choo's son, Seo Mo, was processed according to proper procedures, no charges can be brought based on that premise.

Minister of Justice Choo Mi-ae / Photo by Jinhyung Kang aymsdream@

The entire process of leave application and usage was lawful

The core of this allegation was whether there was any deception or external pressure in Seo's military leave application and usage process. Seo, who served as a KATUSA, was suspected of not following the proper procedures for leave approval while consecutively using first and second sick leaves and personal leave totaling 23 days in June 2017. There were also allegations that Minister Choo, then the ruling party leader, exerted external pressure to cover up the incident. The prosecution acknowledged that Seo used the "mom's chance." However, they judged that there was no illegality in using that "mom's chance."

The prosecution explained regarding Seo's first sick leave, "Considering the testimonies of related parties, Seo's medical records, and the leave records entered in the Yonsei University administrative integrated system, it is judged that Seo's sick leave approval was lawful and processed according to procedures." However, during the process of using the second sick leave and personal leave, it was revealed that aide A inquired about the conditions for sick leave extension from support officer C at Seo's request. When Seo was notified by the unit that additional sick leave extension was not possible, he used the "mom's chance," and as a result, received approval for leave usage.

However, the prosecution stated that the phone calls between aide A and support officer C on June 14 and 21, 2017, were "inquiries about sick leave extension and receiving guidance on the fundamental procedures," and "it is difficult to consider this as an 'improper solicitation' under the Improper Solicitation and Graft Act." For the act to constitute a violation of the Improper Solicitation and Graft Act, it must involve a solicitation to process something in violation of laws or regulations. The prosecution explained that sick leave is allowed within 30 days according to the Enforcement Decree of the Framework Act on the Status and Service of Military Personnel.

Choo Mi-ae gave instructions but did not solicit

The prosecution also recognized that Minister Choo communicated with aide A via KakaoTalk regarding Seo's leave situation. Reviewing the message exchanges disclosed by the prosecution that day, aide A sent messages to Minister Choo on June 14 stating, "Seo's leave matter has been handled," and "The medical opinion will be submitted later as soon as it is secured." On June 21, after receiving Minister Choo's message with support officer C's phone number and "Please contact my son," aide A replied, "I spoke with (C). I have requested an extension once more, and we are to receive contact after internal review."

While disclosing these messages, the prosecution stated, "There is no clear evidence that the Minister of Justice was directly involved in solicitation." The basis was Minister Choo's written statement on the 26th of this month, where she testified, "I only asked the aide to check on my son's situation and did not instruct to extend the sick leave." The prosecution also cited aide A's testimony that "I only took action after hearing the situation from Seo and informed the Minister of Justice; I did not receive any instructions."

Regarding allegations that Minister Choo and her spouse filed complaints with the Ministry of National Defense, the prosecution stated, "It is judged that Seo's parents did not directly file complaints." The actual sender was not clearly identified. Previously, a record of Seo's second sick leave interview on June 15, 2017, disclosed by the opposition party, included a note stating, "It has been confirmed that the parents filed a complaint regarding the leave." The prosecution explained that after reviewing the complaint office's phone recording files obtained through a search of the Ministry of National Defense, there was no record of complaints from Minister Choo and her spouse. They also disclosed Seo's testimony that "To avoid burdening the aide, I told the support team leader that 'my parents called,'" denying the possibility of Minister Choo's involvement.

Minister of Justice Choo Mi-ae [Photo by Yonhap News]

Additional investigations remain... but non-prosecution is highly likely

The prosecution is investigating additional allegations such as Seo's unit assignment and requests for interpreter selection. However, since the core allegations have been dismissed as 'no charges,' there is considerable expectation that similar results will follow. Intense disputes between the ruling and opposition parties are anticipated during the upcoming National Assembly inspection of the Ministry of Justice and prosecution scheduled for next month regarding the non-prosecution decision.