Investigation into 'Kim Hak-ui's Illegal Departure' Abandoned by 'Autumn Line'... Attention on Investigation Intensity and Scope

Former Deputy Minister of Justice Kim Hak-ui. [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] The investigative authority for the case related to former Vice Minister of Justice Kim Hak-ui’s ‘illegal travel ban’ has been replaced from the ‘Lee Seong-yoon faction,’ which worked closely with Lee Seong-yoon, Chief Prosecutor of the Seoul Central District Prosecutors’ Office, to the ‘Yoon Seok-yeol line,’ trusted by Prosecutor General Yoon Seok-yeol, drawing attention to the future intensity and scope of the investigation.

In the process of former Vice Minister Kim’s ‘illegal travel ban,’ key officials with pro-government tendencies or aligned with Minister Chu Mi-ae’s faction, including Lee Yong-gu, Vice Minister of Justice, Lee Jong-geun, Head of the Criminal Division at the Supreme Prosecutors’ Office, and Kim Tae-hoon, Director of the Prosecutor’s Office at the Ministry of Justice, were also involved alongside Chief Prosecutor Lee.

With clear violations of the law by Prosecutor Lee Gyu-won, who was directly in charge of the case, now revealed, attention is focused on whether the replaced investigative team can identify who issued such orders, who knowingly condoned the illegality or covered it up afterward, and hold the higher-ups legally accountable.

On the 14th, in legal circles, it is widely held that Prosecutor Lee Gyu-won, who was dispatched to the Supreme Prosecutors’ Office’s Past Affairs Investigation Team in March 2019 when the problematic ‘illegal travel ban’ occurred and had no independent investigative authority, abused his power by requesting an emergency travel ban using a case number that had been dismissed years earlier and submitted an approval request to the Ministry of Justice with a fabricated investigation number that did not exist, constituting abuse of authority, falsification of official documents, and use of false official documents.

Although the Ministry of Justice mentioned ‘urgent and unavoidable circumstances’ in its explanatory notice, the intention to detain former Vice Minister Kim, who was presumed to flee abroad assuming a re-investigation would be initiated, may be a mitigating factor or a reason for leniency in sentencing, but it cannot negate the illegality of the document crimes committed by Prosecutor Lee.

Therefore, unless Prosecutor Lee’s actions were based on independent judgment, there is a possibility that superiors who ordered or were informed to stop former Vice Minister Kim’s departure by illegal means could be punished as instigators or accomplices.

The day before, the Supreme Prosecutors’ Office reassigned the case related to former Vice Minister Kim’s travel ban, which was under investigation by the Anyang Branch of the Suwon District Prosecutors’ Office, back to the main Suwon District Prosecutors’ Office. Additionally, the department in charge of the case within the Supreme Prosecutors’ Office was changed from the Criminal Division to the Anti-Corruption and Violent Crimes Division, which handles special investigations.

This move is interpreted as a judgment that it was inappropriate for Lee, Head of the Criminal Division at the Supreme Prosecutors’ Office, who was involved in the post-management of the ‘illegal travel ban’ as a policy advisor to former Minister of Justice Park Sang-ki at the time of the incident, to receive reports and direct the investigation.

Also, suspicions that Lee Geun-soo, Chief of the Anyang Branch, and Park Jin-won, Deputy Chief of the Anyang Branch?both classified as part of the Lee Seong-yoon faction and who previously served as the 2nd Deputy Chief Prosecutor of the Seoul Central District Prosecutors’ Office and Head of the 1st Investigation Division, respectively?were deliberately covering up the case appear to have influenced this decision.

Meanwhile, Moon Hong-seong, Chief Prosecutor of the Suwon District Prosecutors’ Office, is a special prosecutor who has served as Head of the Special Investigation Division 3 at the Seoul Central District Prosecutors’ Office, Deputy Head of the Defense Industry Corruption Joint Investigation Team, and Head of the Special Investigation Division at the Daejeon District Prosecutors’ Office. Until the personnel reshuffle immediately after Minister Chu’s inauguration in January last year, he assisted Prosecutor General Yoon as Head of the Human Rights Division at the Supreme Prosecutors’ Office.

Lee Jeong-seop, Head of the Criminal Division 3 at the Suwon District Prosecutors’ Office, who will take charge of this investigation, is a former researcher of the now-defunct Central Investigation Division at the Supreme Prosecutors’ Office and previously investigated and prosecuted former Vice Minister Kim’s case as part of the ‘Kim Hak-ui Investigation Team.’ While serving as Head of the Criminal Division 6 at the Seoul Eastern District Prosecutors’ Office last year, he indicted former Minister of Justice Cho Kuk and former Blue House Civil Affairs Secretary Baek Won-woo in connection with the ‘Yoo Jae-soo supervision cover-up case.’