Prosecutors' Office to Start Investigation into Prosecutor Lee Gyuwon Case from April (Comprehensive)

[Image source=Yonhap News]

[Asia Economy Reporters Baek Kyunghwan, Kim Hyungmin] The High-ranking Officials' Crime Investigation Agency (HCIA) is reportedly already investigating Prosecutor Lee Gyuwon, who was part of the Past Affairs Investigation Team at the Supreme Prosecutors' Office, over allegations of falsifying the 'Yoon Joongcheon Interview Report.' This is the HCIA's first case involving a prosecutor.

According to legal circles on the 18th, the HCIA's Investigation Division 3 (Chief Prosecutor Choi Seokgyu) assigned a case number to the matter transferred from the prosecution at the end of last month and has begun the investigation.

Prosecutor Lee is accused of falsifying official documents by fabricating the interview report after meeting Yoon Joongcheon, a key figure in the sexual bribery allegations involving former Vice Minister of Justice Kim Hak-ui's villa, while working in 2019 at the Supreme Prosecutors' Office's Truth Investigation Team, a working group of the Ministry of Justice's Past Affairs Committee. He is also suspected of leaking this information to the media (disclosure of suspect facts).

However, the HCIA has not yet summoned Prosecutor Lee or initiated any compulsory investigation.

Meanwhile, the Seoul Central District Prosecutors' Office Criminal Division 1 (Chief Prosecutor Byun Pilgeon) notified the HCIA in March after recognizing allegations of high-ranking official crimes under the HCIA Act against Prosecutor Lee during their investigation of a defamation case filed by People Power Party lawmaker Kwak Sang-do and former Daegu High Prosecutors' Office Chief Prosecutor Yoon Gapgeun.

In March 2019, the Past Affairs Committee announced the results of their review of the sexual bribery allegations against former Vice Minister Kim, stating that based on the interview report, lawmaker Kwak exerted external pressure on the police while serving as the Blue House's Senior Secretary for Civil Affairs.

In response, lawmaker Kwak and former Chief Prosecutor Yoon denied the claims and filed defamation suits against Prosecutor Lee and others. Former Chief Prosecutor Yoon has already received a 70 million won damages ruling in the first trial of a lawsuit against a media outlet that reported on his alleged collusion with Yoon Joongcheon.

Some have criticized the HCIA for 'stalling' on this case for over two months, but it has been confirmed that the HCIA assigned a case number and is investigating.

However, the HCIA still appears not to have summoned Prosecutor Lee or conducted any compulsory investigation. Prosecutor Lee is currently seconded to the Fair Trade Commission.

On the same day, the HCIA and the prosecution engaged in a dispute over the 'investigation commencement notification' of this case.

On the 14th, the HCIA sent an official letter titled 'Notification of Investigation Commencement on Suspect Facts of Public Officials (Lee Gyuwon)' addressed to the Prosecutor General, but the prosecution pointed out a 'procedural flaw,' stating that the letter should have been sent not only to the Prosecutor General but also to the head of the Seoul Central District Prosecutors' Office.

In response, the HCIA argued that the prosecution misunderstood the HCIA Act, stating that since the prosecution ultimately 'transferred' the case under Article 25, which separately handles 'prosecutors,' there is no problem. This article does not stipulate an obligation to notify the commencement of an investigation.