Court Sentences 3 Ministry of Industry Officials to Probation for Deleting 'Wolseong Nuclear Power Plant' Data

Wolseong Nuclear Power Plant panorama. Photo by Asia Economy DB

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Public officials from the Ministry of Trade, Industry and Energy who were prosecuted for unauthorized deletion of data related to the Wolseong Nuclear Power Plant ahead of an audit by the Board of Audit and Inspection received suspended prison sentences in the first trial.

The 11th Criminal Division of the Daejeon District Court (Presiding Judge Park Heon-haeng) on the morning of the 9th sentenced Mr. A (56), a director-level official of the Ministry of Trade, Industry and Energy, who was charged with damage to public electronic records, trespassing, and violation of the Board of Audit and Inspection Act, to one year in prison with a two-year suspension. Another Ministry official, Mr. B (53), and Mr. C (48), a secretary, who were charged with the same offenses, were each sentenced to eight months in prison with a two-year suspension.

Mr. A and Mr. B are accused of ordering or tacitly allowing the deletion of data related to Wolseong Unit 1 around November 2019, just before the Board of Audit and Inspection requested the submission of materials. Mr. C was prosecuted for directly deleting 530 related files late at night on December 1, 2019, one day before a meeting with the Board of Audit and Inspection auditors, by entering the Ministry’s office at the Government Complex Sejong.

The court pointed out, "The defendants did not submit the materials requested by the Board of Audit and Inspection and even deleted them, making it difficult for the Board to properly ascertain the Ministry’s involvement in Korea Hydro & Nuclear Power’s decision to prematurely shut down Wolseong Unit 1," adding, "As a result, the audit period was delayed by about seven months beyond the expected timeframe, thereby obstructing the Board’s audit."

It further stated, "Mr. A himself testified to the prosecution that the deletion of data was intended to 'organize materials that the Board of Audit and Inspection might misunderstand unnecessarily.' This appears to mean deleting problematic data to prevent confirmation of the Ministry’s involvement in the immediate shutdown following the early closure of Wolseong Unit 1 during the audit process."

During the trial, the prosecution and defense engaged in intense legal debates over the nature of the 530 deleted files, the circumstances of the file deletion, and the legality of the Board of Audit and Inspection’s digital forensic investigation without a warrant.

Mr. A and others claimed during the trial that "the data was deleted as a customary practice during personnel transfers and there was no intent to obstruct the audit."

However, the court rejected this claim, stating, "Even if they were unaware of the Board’s forensic investigation, they all knew that the materials were being requested for submission, and considering that it took unusually long to delete data related to the early closure of Wolseong Unit 1 compared to other materials, it is difficult to accept such assertions."

Regarding the charge of damage to public electronic records, the defense argued, based on the Ministry’s official opinion letter stating that "only 44 of the deleted files could be considered finalized documents," that the deleted materials, which were in the form of interim reports prepared by individuals, could not be regarded as public electronic records. However, the court judged that considering the timing when reports on the nuclear phase-out policy had already been made, the deleted data qualified as sufficiently objectified materials that could not be deleted.

However, the court acquitted Mr. C of the trespassing charge, recognizing that he had the right to access the office.

Previously, the prosecution had sought a prison sentence of one year and six months for Mr. A, and one year each for Mr. B and Mr. C.

Meanwhile, the same court is currently hearing trials related to former Minister of Trade, Industry and Energy Baek Woon-gyu, former Blue House Industrial Policy Secretary Chae Hee-bong, and Korea Hydro & Nuclear Power President Jung Jae-hoon, who were prosecuted over manipulation of the economic feasibility evaluation of Wolseong Unit 1.