Family of West Sea Shooting Civil Servant Files Complaint Against Seo Hoon and Others with Prosecution (Comprehensive)

Prosecutors' Office: "Accused Not Subject to Transfer Obligation... Prosecution Can Continue Investigation"

Lee Rae-jin, the elder brother of the public official shot in the West Sea, is moving after a press conference related to the criminal complaint against officials from the National Security Office and the Civil Affairs Office of the Moon Jae-in administration at the Seoul Central District Prosecutors' Office in Seocho-gu, Seoul on the 22nd. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Heo Kyung-jun] The bereaved family of Mr. Lee, a Ministry of Oceans and Fisheries official who was killed by gunfire from North Korean soldiers in the West Sea, filed a criminal complaint on the morning of the 22nd against former National Security Office Director Seo Hoon, former Blue House Civil Affairs Chief Kim Jong-ho, and former Civil Affairs Secretary Lee Kwang-cheol at the Seoul Central District Prosecutors' Office. The charges include obstruction of official duties, abuse of authority, and falsification of official documents. The Seoul Central District Prosecutors' Office assigned the case to the Public Investigation Division 1, which handles public security cases, led by Chief Prosecutor Choi Chang-min.

The bereaved family explained the reason for filing charges against former Director Seo as "to determine whether the directive related to defection to the North, issued by the Blue House National Security Office to national institutions such as the Ministry of National Defense and the Coast Guard, was manipulated to fabricate the defection." Regarding former Secretary Kim and former Secretary Lee, they stated, "It appears that the defection was fabricated due to a directive from the Blue House Civil Affairs Office to the Coast Guard, leading to the filing of charges against those involved in the Civil Affairs Office at that time."

Regarding why they did not file the complaint with the Corruption Investigation Office for High-ranking Officials (CIO), despite the suspects being high-ranking officials, they said, "If the CIO chief, who was appointed during the Moon Jae-in administration, investigates a case filed against appointees of the Moon administration, it would cause secondary harm to the bereaved family," adding, "Considering the investigative capabilities the CIO has shown so far, it seemed unlikely that the truth of the case could be revealed."

However, the bereaved family decided not to file charges against President Moon Jae-in on that day and to observe the situation further. They plan to decide whether to file charges against the former president after reviewing the response to their request for disclosure of Blue House materials related to Mr. Lee’s death, which they expect to receive from the Presidential Archives the following day.

The CIO interpreted that the targets of the complaint filed by the bereaved family in the West Sea shooting case are not ‘prosecutors,’ who are subject to mandatory transfer, so the prosecution can continue investigating the case.

In the legal community, there is speculation that the prosecution will form a special investigation team to handle this case. Since multiple agencies such as the Blue House, Coast Guard, and Ministry of National Defense are involved, a large number of investigative personnel seem necessary.

According to the organizational reform plan passed at the Cabinet meeting the previous day, the prosecution can establish temporary investigative organizations like special investigation teams without the approval of the Minister of Justice. The prosecution is also expected to receive additional complaints related to this case beyond those from the bereaved family.

Currently, the Board of Audit and Inspection, which is investigating how the Coast Guard and Ministry of National Defense initially reported the incident, may request the prosecution to investigate. The People Power Party, which has formed a task force (TF) to uncover the truth of the incident, is also likely to file charges against former President Moon and others for abuse of authority.