Prosecution Transfers Police Investigation of 'Baekhyeondong Suspicion' Amid Inconsistent Explanations

'Prevention of Duplicate Investigations Coordination between Prosecution and Police' Explanation
Cases to be Handled by Gyeonggi Nambu Police Agency
Passing Through Seongnam Branch First Raises Suspicions
Investigation of Kwon Soon-il Directly Handled by Gyeonggi Nambu Police Agency

Kim Jin-tae, Chairman of the People's Verification Special Committee of the People Power Party, and Representative Kim Eun-hye visited the so-called 'Retaining Wall Apartment' in Baekhyeon-dong, Seongnam-si, Gyeonggi-do on the 2nd to inspect the site. Photo by Yoon Dong-joo doso7@

[Asia Economy Reporters Seongpil Jo, Sehee Jang] The prosecution, which passed on the ‘Seongnam Baekhyeon-dong development suspicion case,’ is drawing criticism for its inadequate explanation. Although it is explained as a measure based on an agreement between the prosecution and police, the reason for routing the case through the competent prosecution office instead of direct transfer lacks persuasiveness. The police who received the case also face decreased investigation efficiency, raising further doubts about the transfer process.

The core of the statement released by the Suwon District Prosecutors’ Office Seongnam Branch after our report (Asia Economy, February 5 issue, see article ‘Baekhyeon-dong Suspicion’ Central District Prosecutors’ Office → Seongnam Branch → Bundang Police Station → Gyeonggi Nambu Police Agency ‘Passing the Buck’) is that it was a ‘measure based on prosecution-police consultation.’ The Seongnam Branch explained in the statement, "To prevent duplicate investigations, it was decided through prosecution-police consultation that the Daejang-dong case would be handled by the Seoul Central District Prosecutors’ Office, and the Baekhyeon-dong case by the Gyeonggi Nambu Police Agency, and thus the case was transferred." This explanation is inconsistent. In November last year, when the prosecution-police consultation was ongoing, the Baekhyeon-dong development suspicion complaint case was under investigation by the Economic Crime Division of the Seoul Central District Prosecutors’ Office, which was the dedicated investigation team for the Daejang-dong suspicion. According to the explanation, the Seoul Central District Prosecutors’ Office should have transferred the case to the Gyeonggi Nambu Police Agency immediately after the consultation. However, on the 25th of the same month, the case was transferred from the Seoul Central District Prosecutors’ Office to the Seongnam Branch, not to the Gyeonggi Nambu Police Agency.

At that time, the Seoul Central District Prosecutors’ Office stated it was a "measure considering the jurisdiction" and that "the Seongnam Branch would take charge of directing the case." However, compared to the recent transfer process of the former Supreme Court Justice Kwon Soon-il’s case, this logic is less convincing. Last month, the Seoul Central District Prosecutors’ Office separated the parts of the complaint against former Justice Kwon related to violations of the Attorney Act and the Public Officials Ethics Act and transferred them to the Gyeonggi Nambu Police Agency. Since that case was part of the Seongnam Daejang-dong suspicion, by the same logic, it should have gone through the Seongnam Branch, but the Seoul Central District Prosecutors’ Office transferred it ‘directly’ to the Gyeonggi Nambu Police Agency.

Because the Seoul Central District Prosecutors’ Office transferred the Baekhyeon-dong development suspicion case through the Seongnam Branch rather than directly, the Gyeonggi Nambu Police Agency faces difficulties in conducting efficient investigations. Located in Suwon City, Gyeonggi Nambu Police Agency must apply for various warrants such as search and seizure or arrest through the Seongnam Branch while investigating the case. Although the Suwon District Prosecutors’ Office is only 4 km away, if a warrant is needed, they must travel back and forth about 50 km to the Seongnam Branch.

Most warrants can be processed electronically (through the Criminal Justice Information System, KICS). However, in cases requiring submission of a certain volume of documents that cannot be handled electronically, such as arrest warrant applications for major suspects, a direct visit to the Seongnam Branch is necessary. The same applies when the pre-arrest detention hearing (warrant substantive examination) is held; they must go to Seongnam. In contrast, for the former Justice Kwon case, which was transferred directly, various warrants necessary for the investigation can be applied for at the nearby Suwon District Prosecutors’ Office. A prosecution official said regarding the differing transfer processes, "The case against former Justice Kwon was transferred directly to the Gyeonggi Nambu Police Agency without going through the prosecution after additional consultation." However, when asked about the specific details or timing of the additional consultation, they said, "We cannot confirm."