[Exclusive] "Why Report When Charges Don't Stand?" The Corruption Investigation Office Questions the Complainant

Analysis of Legal Reform Network Representative Who Accused Kim Jin-wook as 'Scolding Tool'
Attitude Toward Corruption Investigation Office Probes Including Journalist Communication Records Also Under Scrutiny

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The High-ranking Officials' Crime Investigation Agency (HCIA) is expected to face controversy for conducting an unreasonable 'complainant investigation.'

According to a compilation of Asia Economy's coverage on the 24th, the HCIA summoned Lee Jong-bae, the representative of the Rule of Law Restoration Action Solidarity (Beopse-ryeon), who filed a complaint against HCIA Chief Kim Jin-wook on charges including dereliction of duty on the 30th of last month, and questioned him, asking, "Why did you file a complaint knowing the charges would not hold?"

Lee had filed a complaint with the HCIA on the 22nd of last month, accusing Chief Kim of dereliction of duty and violations of the Public Official Election Act, arguing that while the HCIA was excessively investigating allegations of complaint instigation, it was not investigating allegations of whistleblower instigation. In a phone interview with this outlet, Lee explained, "The investigator implied that the complaint was filed for so-called 'media play' purposes."

On September 9th, the HCIA revised its case handling regulations to simplify the preliminary investigation process, allowing it to omit complainant and accuser investigations and decide on initiating investigations or referrals. This case also did not require a complainant investigation. Nonetheless, the HCIA summoned complainant Lee, which the legal community interprets as a form of 'reprimand.'

Legally, the HCIA cannot investigate Chief Kim. Article 25, Paragraph 1 of the HCIA Act prohibits the HCIA from conducting so-called 'self-investigations' of its internal members. If a criminal charge against an HCIA prosecutor is found, it must notify the Supreme Prosecutors' Office. Accordingly, the HCIA must either internally close Chief Kim's case or refer it to the prosecution depending on the presence of charges. Despite the direction for handling this case being already set, the HCIA insisted on conducting a complainant investigation.

There is also criticism that the HCIA did not sufficiently respect the rights of the complainant. Investigations of complainants by investigative agencies typically respect the freedom of ordinary citizens to file complaints, proceeding first by asking about the facts and explaining whether charges are established. However, the HCIA's approach of pressing the complainant under the premise that Chief Kim's charges do not hold has been criticized as improper.

The HCIA's investigative attitude continues to be under scrutiny. Prosecutor Son Jun-sung, who was investigated by the HCIA last month over allegations of complaint instigation, filed a complaint with the National Human Rights Commission against HCIA Deputy Chief Yeo Woon-guk and others, citing "serious human rights violations due to insulting and oppressive investigations."

On the 15th, controversy arose when a prosecutor abruptly demanded the voluntary submission of a mobile phone from a personal secretary who was observing the digital forensic process of items seized from Kim Woong, a member of the People Power Party.

The 'surveillance controversy,' which erupted after mass inquiries into the communication records of journalists, civic groups, and lawmakers, remains heated.

Four press organizations?the Korea Newspaper Association, the Korea Newspaper and Broadcasting Editors Association, the Korea Women Journalists Association, and the Korea Internet Newspaper Association?issued a statement the previous day, saying, "The HCIA's indiscriminate communication inquiries into journalists infringe on press freedom," and demanded, "Immediately stop the surveillance of journalists."

On the same day, four People Power Party lawmakers from the National Assembly's Legislation and Judiciary Committee visited the HCIA in protest. HCIA Chief Kim Jin-wook, who met with lawmakers Jang Je-won and Cho Soo-jin, reportedly stated, "There is no legal problem with the communication record inquiries," and expressed that he would "consider how to present evidence to the National Assembly."