Police, "Replacing Written Investigation of the Accused Is Very Unusual"
Full of Loopholes Due to Lack of Regulations and Statistics
Yoon Seok-yeol, the presidential candidate of the People Power Party, and his wife Kim Geon-hee, CEO of Kobana Contents, are making a public apology on the 26th at the party headquarters in Yeouido, Seoul, regarding allegations of false credentials. Photo by Moon Ho-nam munonam@
[Asia Economy Reporters Jang Sehee and Oh Gyumin] There are murmurs surrounding the replacement of the investigation into allegations of ‘false career claims’ against Kim Gun-hee, wife of President Yoon Seok-yeol, with a written inquiry. Critics point out that the lack of regulations determining the investigation format and the absence of related statistics undermine objectivity.
On the 28th, a police official stated, "We are currently conducting a written inquiry," adding, "It is difficult to disclose specific investigation details." The case, in which civic groups such as the Minsheng Economy Research Institute filed a complaint against Mrs. Kim last December on charges including fraud, is being handled by the Anti-Corruption Public Crime Investigation Unit of the Seoul Metropolitan Police Agency. Seven months after the complaint, the investigation remains at a standstill. Although the police decided to conduct a written inquiry instead of summoning Mrs. Kim, the written response has not been received for over 50 days.
Police: "Written inquiry for the accused is unusual"…Lawyers’ assistance seen as an advantage
The reason for the delay is attributed to the ‘replacement with a written inquiry.’ Typically, when a complaint or accusation is received, a face-to-face investigation of the accused is essential. Conducting the investigation via written inquiry allows the accused to provide statements with the help of a lawyer rather than personally.
A police officer working in the investigation department of a frontline Seoul police station said, "In cases where the complainant or accuser is a government agency, sometimes the complaint or accusation is substituted with a statement from the government official enclosed in the documents, but there is no case where the accused is not interviewed face-to-face." Another investigator added, "For politicians, businesspeople, and others, face-to-face investigation is necessary when needed, but there is no way to enforce it," noting, "Even if an arrest warrant is requested, the court is likely to reject it." This is because the suspect’s statement must be secured to have evidentiary value in court.
There are no regulations regarding replacing investigations with written inquiries in complaint or accusation cases. The police said, "There are no specific rules about when to replace with a written inquiry," but admitted, "It is true that in many cases involving people with social status, the inquiry is replaced with a mailed statement." Despite the exceptional nature of such replacements, no related statistics exist. According to a recent written response submitted by the National Police Agency to the National Assembly, the status of cases replaced by written inquiry without summoning the accused is not managed. A National Police Agency official said, "There are so many cases nationwide that it is impossible to review each one," and the Criminal Justice Information System (KICS) manager also said, "There is no information related to written inquiry replacement in the overall categories, so verification is impossible."
Face-to-face investigation ‘legal authority’ itself insufficient…Suspects must actively prove innocence by appearing at investigative agencies
Experts also agree that face-to-face investigation is the best way to ascertain substantive truth. Lee Yun-ho, Chair Professor of Police Science at Korea Cyber University, said, "If only certain people are replaced with written inquiries, it may be perceived as unfair," adding, "However, if it is related to national interest, health issues, or security concerns, it can be a valid reason." He continued, "It would be good to supplement the law by preparing alternatives such as granting authority to forcibly bring in suspects who fail to respond to multiple summons," and suggested, "A function for third-party oversight, like a civilian grievance review board in the U.S., may be necessary."
Kim Do-woo, Professor of Police Science at Gyeongnam National University, said, "Currently, investigations can only proceed with the suspect’s consent under the principle of voluntary investigation," adding, "There is a lack of legal authority to mandate face-to-face investigations in complaint or accusation cases. Even if not compulsory, a culture where parties appear at investigative agencies to prove their innocence should be established."
Seung Jae-hyun of the Korea Institute of Criminology and Justice Policy said, "Although the complainant calls the suspect a ‘person under investigation,’ whether they are or not is determined through investigation," and emphasized, "The optimal method to discover objective and actual truth is face-to-face investigation." He added, "Investigations should ultimately focus on physical evidence rather than being biased toward individuals, with suspect interrogation serving as a supplementary measure."
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