[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The acquittal of Kwon Seong-dong, a member of the People Power Party, who was indicted on charges including requesting the hiring of acquaintances or supporters' children at Kangwon Land, has been finalized. This comes 3 years and 7 months after his indictment in July 2018.
On the 17th, the Supreme Court's First Division (Presiding Justice No Tae-ak) dismissed the prosecution's appeal in the final trial of Kwon, who was indicted on charges of obstruction of business, bribery involving a third party, and abuse of official authority, thereby upholding the lower court's ruling that acquitted him of all charges.
The court stated, "There is no error in the lower court's judgment in terms of exceeding the limits of free evaluation of evidence, the establishment of obstruction of business by intimidation, the illegitimate request and quid pro quo relationship in the bribery involving a third party, abuse of official authority in the obstruction of rights exercise, or the law regarding co-conspirators."
Kwon was accused of conspiring with then Kangwon Land President Choi Heung-jip from November 2012 to April of the following year during the public recruitment process for trainees at Kangwon Land, requesting the hiring through the HR manager, resulting in the hiring of 11 people including an intern secretary from the lawmaker's office, thereby obstructing the hiring process by intimidation (obstruction of business).
Additionally, Kwon was charged with bribery involving a third party and obstruction of business for having his secretary hired as an expert in water quality and environment at Kangwon Land in return for accommodating Choi’s illegitimate requests, such as blocking the increase of individual consumption tax imposed on casino entry at Kangwon Land and suppressing the Board of Audit and Inspection’s audit of Kangwon Land Water World’s new business. He was also accused of abusing his authority by pressuring Ministry of Trade, Industry and Energy officials to appoint a high school classmate who helped his election campaign as an outside director of Kangwon Land.
In the first trial, the court acquitted Kwon, stating that it was difficult to trust the testimonies of Choi and others regarding the recruitment corruption and the hiring of the secretary with career experience.
The court found insufficient evidence to consider Kwon and Choi as accomplices, acknowledged that some requests were made but judged them not to be illegitimate requests.
Furthermore, the court concluded that the allegation of involvement in the appointment of Kangwon Land outside directors was not proven to show that Ministry of Trade, Industry and Energy officials abused their authority to obstruct the exercise of the right to nominate outside directors, and even if such acts occurred, it was difficult to see Kwon as a conspirator.
The appellate court maintained the same judgment.
At that time, the court pointed out, "The issue is whether the defendant requested Choi. Although the substantive truth is unknown, it appears that the prosecution failed to prove beyond a reasonable doubt to exclude the judge’s reasonable doubt."
Meanwhile, Choi, who was indicted for obstruction of business and coercion for receiving hiring requests from Kwon and former Future United Party (now People Power Party) lawmaker Yeom Dong-ryeol and instructing manipulation of applicants’ self-introductions and interview scores to ensure their acceptance, had his 3-year prison sentence finalized by the Supreme Court on the same day.
Former lawmaker Yeom was sentenced to one year in prison for obstruction of business in the first and second trials and has appealed, awaiting the Supreme Court’s decision.
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