The Corruption Investigation Office Requests Transfer of 3 Prosecutors to the Prosecution over 'Kim Hak-ui Departure Investigation Pressure'

[Asia Economy Reporter Kim Hyung-min] The High-ranking Officials' Crime Investigation Agency (HCIA) has requested the prosecution to transfer the cases of three current prosecutors suspected of exerting external pressure during the investigation of the 'Kim Hak-ui illegal departure ban' case.

According to the legal community on the 6th, the HCIA recently sent an official letter to the prosecution requesting the transfer of cases involving Moon Hong-seong, head of the Suwon District Prosecutors' Office (then senior researcher of the Anti-Corruption Department), Kim Hyung-geun, deputy chief prosecutor of the Seoul Northern District Prosecutors' Office (head of the Investigation Command Division at the Supreme Prosecutors' Office), and Prosecutor A.

The three prosecutors are suspected of exerting external pressure during the investigation of the illegal departure ban case of former Vice Minister of Justice Kim Hak-ui, along with Lee Sung-yoon, then head of the Seoul Central District Prosecutors' Office's Anti-Corruption and Strong Crime Division in 2019.

The Suwon District Prosecutors' Office transferred the case of Prosecutor Moon to the HCIA in March and also handed over the cases involving Prosecutor Moon and others. However, the HCIA, lacking investigative capacity, re-transferred the cases back to the prosecution.

At that time, the HCIA requested the prosecution to "return the cases after investigation," which caused conflict with the prosecution. Ultimately, the Suwon District Prosecutors' Office refused the HCIA's request and sent Prosecutor Moon to trial.

The HCIA believes that since it assigned case numbers to the investigation records received from the Suwon District Prosecutors' Office at that time, it is possible to request the transfer due to 'duplicate investigations.'

Article 24, Paragraph 1 of the HCIA Act allows the head of the HCIA to request the transfer of investigations conducted by other investigative agencies that overlap with HCIA investigations, considering the progress of the investigation and controversies over fairness.

However, it is uncertain whether the Suwon District Prosecutors' Office will comply with the HCIA's request. According to recently disclosed Supreme Prosecutors' Office regulations, even if the HCIA requests a case transfer, the prosecution cannot comply without the approval of the Prosecutor General.