Through Facebook, "Yoon Seok-yeol also supports separation of investigation and prosecution"... Charged with false claims
[Asia Economy Reporter Choi Seok-jin] Former Minister of Justice Cho Kuk recently expressed blatant dissatisfaction with former Prosecutor General Yoon Seok-yeol, who investigated him, through his memoir "The Time of Cho Kuk." Meanwhile, it has been confirmed that former Prosecutor General Yoon submitted a non-prosecution request regarding Cho Kuk, who was reported to the prosecution on charges of defaming Yoon’s honor.
According to the legal community on the 2nd, the Cyber Investigation Team of Gwanak Police Station made a decision not to prosecute Cho Kuk on the 22nd of last month for defaming former Prosecutor General Yoon’s honor by posting false information on Facebook (defamation under the Information and Communications Network Act). The reason for the non-prosecution decision was "lack of prosecutorial authority."
In the past, the police had to forward all investigated cases to the prosecution, but under the revised Criminal Procedure Act implemented this year, the police now have the authority to conclude the first investigation (decision not to prosecute).
In the investigation result notification sent to the accuser, the police stated, "The suspect admits to having written the post containing the criminal facts."
They added, "This case is a crime that cannot be punished if the victim expresses a desire not to prosecute, and the victim submitted a non-prosecution request stating that although the suspect’s remarks do not correspond to the facts, they do not wish to punish the suspect."
Furthermore, the police added, "According to the content of the non-prosecution request submitted by the victim, the intention not to punish the suspect is clearly expressed. Therefore, there is no prosecutorial authority."
The defamation charge under the Information and Communications Network Act applied to former Minister Cho is a "crime that cannot be prosecuted without the victim’s consent." Since former Prosecutor General Yoon submitted a non-prosecution request stating that although Cho Kuk’s Facebook claims were false, he does not wish to punish Cho, prosecution is not possible.
Earlier, the civic group "Action Alliance for Establishing the Rule of Law" (Beopse-ryeon) reported Cho Kuk to the Supreme Prosecutors’ Office in March on charges of defamation by spreading false information under the Information and Communications Network Act.
The accusation was that on February 27, Cho Kuk edited and posted a video of former Prosecutor General Yoon’s confirmation hearing on his Facebook, falsely claiming that Yoon supported the ruling party’s "separation of investigation and prosecution" plan.
In the post, Cho Kuk wrote, "When Prosecutor General Yoon answered at his confirmation hearing that this plan was ‘very desirable,’ there was no criticism from the media or within the prosecution." He also posted a screenshot of a video showing Yoon responding to a question from then-Democratic Party lawmaker Geum Tae-seop at the July 2019 confirmation hearing, adding the subtitle "I think the separation of investigation and prosecution is a very desirable direction!"
Regarding this, Beopse-ryeon stated at the time of the report, "Prosecutor General Yoon clearly opposed the ‘separation of investigation and prosecution’ plan, saying ‘investigation and prosecution are organically connected functions,’ but Cho Kuk cunningly edited Yoon’s remarks to mislead the public as if he supported it. This is a despicable act of public agitation and a serious crime damaging Yoon’s honor."
They continued, "Cho Kuk’s repeated posts on Facebook urging the introduction of the Serious Crime Investigation Office (Jungsucheong) are motivated by revenge against the prosecution that investigated him and greed to blunt the prosecution’s power to continue enjoying privileges through illegal and unfair means."
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