[Law & Story] The Democratic Party's Attitude Toward the Prosecution's Investigation

Even Opposition Leaders and Party Offices Are Not Above Investigation
Obstructing Execution of Court-Issued Search Warrants Crosses the Line

Seokjin Choi, Legal Affairs Reporter

[The Asia Business Daily, Seokjin Choi, Legal Affairs Reporter] "Political retaliation," "oppression of the opposition," "obstruction of the parliamentary audit."

This was the reaction of the Democratic Party of Korea as they physically blocked prosecutors and investigators after the prosecution arrested Kim Yong, Deputy Director of the Institute for Democracy and a close aide to Lee Jae-myung, leader of the Democratic Party, on October 19, and conducted a search and seizure of Kim's office at the Institute.

It has been reported that the prosecution launched a compulsory investigation after securing testimony from Yoo Dong-gyu, former head of planning at Seongnam Development Corporation, and others, who are on trial for corruption in the Daejang-dong development project, stating that several hundred million won was delivered to Deputy Director Kim. The prosecution believes that part of the money received by Kim was funneled into Lee's presidential campaign funds last year.

The Democratic Party claims the prosecution coaxed former Director Yoo into making such statements by offering release as his detention period was about to expire. However, it turned out that the prosecution requested to merge the Wirye New Town case, for which Yoo was additionally indicted to maintain his detention, but the court did not accept the request, so it did not materialize.

It seems more accurate to view Yoo's decision to start talking as stemming from his realization and dissatisfaction that, under the previous administration, the prosecution's investigation did not reach higher-ups, leaving him to shoulder all the responsibility.

According to reports, the prosecution specified in the arrest and search warrants for Deputy Director Kim that he received approximately 800 million won in illegal political funds from Nam Wook, a private developer in the Daejang-dong project, between April and August 2021. In particular, the prosecution not only pinpointed the sequence of money transfers from Attorney Nam, Jeong Min-yong (former head of strategic business at Seongnam Development Corporation), former Director Yoo, and Deputy Director Kim, but also identified the exact locations and clearly stated that the funds were intended for the presidential election campaign.

The fact that the court issued both the arrest and search warrants requested by the prosecution, based on allegations that a "right-hand man" of the majority party leader with a parliamentary majority received illegal political funds ahead of the party’s presidential primary, suggests that the prosecution secured material evidence beyond witness statements. In fact, it has been reported that the prosecution obtained a "memo" from Mr. Lee, who delivered the funds under Attorney Nam's instructions, detailing the timing and locations of the transactions.

Given these circumstances, it seems excessive that Deputy Director Kim, prior to his arrest, claimed the prosecution "fabricated non-existent crimes" and accused them of "returning to the era of dictatorship."

It is even more problematic that the Democratic Party physically blocked the execution of a lawfully issued search and seizure warrant by the court.

The Democratic Party accused the prosecution of staging a political show by conducting a search and seizure of the "main opposition party headquarters," but searches of a suspect’s residence or office are fundamental investigative procedures. Moreover, the prosecution’s search targeted Deputy Director Kim’s office within the Institute for Democracy, a separate entity located in the party headquarters, not the party headquarters itself. The Democratic Party’s claim of a "search of the main opposition party headquarters" is an exaggeration intended to frame the situation as "oppression of the opposition."

Given that the Democratic Party devoted all efforts to abolish prosecutorial investigative powers throughout former President Moon Jae-in’s term, it may perceive this investigation as "retaliation" by President Yoon Suk-yeol, a former prosecutor, or by the prosecution itself.

However, what is clear is that if there is suspicion of a crime, regardless of who is involved, the prosecution has a mandate from the public to investigate and bring the case before the law.

Was it not the Democratic Party that cheered and supported the prosecution more than anyone else when the special prosecutor investigated former President Park Geun-hye for the "state affairs manipulation" scandal and when the prosecution investigated and arrested former Supreme Court Chief Justice Yang Sung-tae for the "judicial corruption" scandal?

There are no sanctuaries in investigations. If every investigation of an opposition leader or a search of an institute within the opposition party’s headquarters is labeled as "political retaliation," it is hard to understand whether politicians, especially those in the opposition, are arguing that they should never be subject to investigation at all.

The Democratic Party’s attitude toward the prosecution’s investigation is problematic.