Attorney Park Jun-young: "Kim Hak-ui's Departure as Justice Realization? ... An Unreasonable Claim"

"Approach the Issue of Kim Hak-ui's Travel Ban from the Perspective of 'Rule of Law Realization'"
Also Sharing the Post Written After Voluntary Resignation from the 2019 Prosecution Past Truth Investigation Team

On the 13th, when a ruling recognizing the state's liability for damages was announced regarding Mr. Choi, who was wrongfully imprisoned as the suspect in the so-called 'Yakchon Five-way Intersection Murder Case' that occurred in Iksan, Jeonbuk, Attorney Park Jun-young (right), who represented Mr. Choi in the lawsuit, held a press conference in front of the Seoul Central District Court in Seocho-dong, Seoul.

[Asia Economy Reporter Choi Seok-jin] Park Jun-young, a lawyer known for specializing in retrials such as the 'Yakkchon Five-way Intersection Murder Case,' recently expressed his stance regarding the controversy over the 'illegal travel ban' in the case of former Vice Minister of Justice Kim Hak-ui. He stated that the claim that the action was an unavoidable task for the realization of justice is an unreasonable argument. He also emphasized that this case should be approached from the perspective of 'the realization of the rule of law.'

Park was a civilian investigator in the Supreme Prosecutors' Office's Past Affairs Investigation Team in March 2019, when the incident occurred, and he voluntarily resigned from the investigation team just before the problematic 'illegal travel ban' measure was issued.

His emphasis on the rule of law and his statement appear to be directed at the Ministry of Justice and those involved in the case, who are trying to justify their illegal acts by claiming there were 'urgent and unavoidable circumstances' despite committing serious procedural violations.

In the early morning, Park posted on his Facebook under the title 'Values We Must Uphold,' sharing his reflections on the controversy over former Vice Minister Kim's 'illegal travel ban.' He also included a link to an article containing remarks by Gyeonggi Province Governor Lee Jae-myung, made on the morning of May 17 last year, the day after he was acquitted in the first trial, saying, "I hope fairness and calmness are maintained in the exercise of state power."

Park first referenced Article 7 of the Constitution, which stipulates the political neutrality of public officials, and quoted a part of the Constitutional Court's decision emphasizing the role of public officials in realizing democracy and the rule of law.

He continued, "The issue of the travel ban on former Vice Minister Kim Hak-ui needs to be approached from the perspective of the public official's role in 'realizing the rule of law,'" emphasizing, "Restrictions on fundamental rights must have a basis, and due process is an essential element of the rule of law."

Park expressed the view that it is difficult to see the Ministry of Justice's urgent travel ban request as an unavoidable measure considering the charges Kim was facing at the time.

He said, "Former Vice Minister Kim was acquitted in the first trial and partially convicted in the second. The partially convicted charges were not the ones in question at the time of the travel ban, as far as I know. The charges were found after a thorough search by dozens of prosecutors and investigators. This was why there were criticisms of a separate investigation. It is a similar problem to the investigation of former Minister Cho Kuk."

He added, "Some may ask how you can compare former Minister Cho and former Vice Minister Kim in the same way, but I believe they are essentially the same in terms of some excessive investigations. We need to look together at the background that led to such investigations. Politics, prosecutorial reform, the nature of investigations, and complex interests are intertwined," he pointed out.

Park stated, "The claim that the task was unavoidable for the realization of justice is an unreasonable argument when considering the possibility of criminal punishment for the charges emphasized at the time of the travel ban request on former Vice Minister Kim," emphasizing, "The court ruled all charges as not guilty or dismissed (due to statute of limitations)."

He expressed sympathy for some public officials who were fatefully involved without knowing these circumstances, saying, "I feel sorry for the public officials who had no choice but to follow illegal orders from superiors."

At the end of his post, he urged, "Let's consider the issue of former Vice Minister Kim from the perspective of the rule of law guaranteed by the Constitution and the professional civil service system."

He also shared a past post he wrote shortly after voluntarily resigning from the investigation team in May 2019, regarding Kim's detention.

In the past post, Park wrote, "The detention of Kim Hak-ui was a natural thing in light of the justice and common sense of many citizens. However, I thought a detention warrant would not be issued. I secretly hoped so. There were factual and legal doubts about the main charge of 'bribery involving a third party.' And I thought it was an excessive investigation to pressure sexual assault charges after detaining him on bribery charges."

He also wrote, "Whether intended or not, Kim's detention showed that power's will and public pressure could relentlessly dig and dig to imprison someone. It felt more like a shock from seeing a scary world than the 'realization of justice.' I saw it as something that could happen to anyone."

Park said, "If I had not seen the records of the Kim Hak-ui case, I would have interpreted this situation as the 'realization of justice.' I would have seen it as an example of the realization of values like 'justice will prevail' and 'good will be rewarded and evil punished.'"

Park's expression of opinion can be seen as pointing out that although the charges and nature of the crime Kim faced at the time might have been sufficient grounds for detention, there were clearly procedural problems in detaining him, and these cannot be forgiven even for the legitimate purpose of punishing criminals.

He seemed aware that his post might be perceived as defending Kim, who was subject to public criticism, saying, "My post may be somewhat uncomfortable, but perspectives can differ depending on experience and position. I ask for your understanding."

Finally, Park said, "I have no intention of defending former Vice Minister Kim's charges, but I also think there might be misunderstandings. However, I believe human rights are about 'values and people who are marginalized.'"

He continued, "Even if everyone criticizes, if there is even a slight point of injustice, I think it is necessary to speak about it. That said, I do not want to be called a human rights lawyer because I have a shameful past of doing anti-human rights acts," revealing his honest feelings.

He concluded, "I want my children to live in a better world. That is the purpose of raising these issues."

Meanwhile, Park previously represented Choi, who was wrongfully imprisoned as the culprit in the so-called 'Yakkchon Five-way Intersection Murder Case' that occurred in Iksan, Jeonbuk, and successfully secured a not guilty verdict in the retrial.

Park also took charge of the damages lawsuit filed by Choi against the state and others. On this day, the Seoul Central District Court Civil Division 45 (Presiding Judge Lee Seong-ho) ruled partially in favor of the plaintiff, ordering the Republic of Korea to pay approximately 1.3 billion KRW to Choi, with 260 million KRW jointly paid by the criminal investigator in charge at the time and the prosecutor who decided not to prosecute the real culprit.