[Reporter’s Notebook] Lee Jaemyung’s “Head-On Confrontation” with the Prosecution’s Investigation

Seokjin Choi, Legal Affairs Reporter

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] "I have done nothing wrong, so I will face it confidently. Isn't direct confrontation my specialty?" (January 18, KBS 9 PM News, Representative Lee Jae-myung interview statement)

After the Lunar New Year holiday, this Saturday, Lee Jae-myung, leader of the Democratic Party of Korea, will appear before the prosecution as a suspect in the Daejang-dong case.

If the summons investigation of Representative Lee held on the 10th at the Suwon District Prosecutors' Office Seongnam Branch as a suspect in the Seongnam FC case was an opening game between Lee and the prosecution, the summons investigation for the Daejang-dong and Wirye development project preferential treatment and corruption allegations at the Seoul Central District Prosecutors' Office can be seen as the main event.

Already, major shareholders of Hwacheon Daeyu, Kim Man-bae, lawyer Nam Wook, accountant Jung Young-hak, former Planning Director of Seongnam Urban Development Corporation Yoo Dong-gyu, former Secretary-General of the party office Jeong Jin-sang, and Kim Yong, deputy director of the Democratic Research Institute, have been indicted in the Daejang-dong and Wirye cases.

What remains now is to clarify whether Representative Lee was involved?that is, whether he is the 'Daejang-dong ringleader' standing at the pinnacle of all these corruptions as some conservative groups claim?or if he is a clean politician who has been unfairly suspected wholesale due to the corruption of his closest aides.

Representative Lee has expressed grievance over the prosecution's investigation into the Seongnam FC case, saying, "The police already conducted an investigation for several years and dismissed the case, but the prosecution is digging it up again to investigate."

However, as those in the know understand, the police did not properly investigate for years but shelved the case, and when the police eventually decided not to prosecute, the prosecution (Seongnam branch) reviewed the case upon the complainant's objection and judged that reinvestigation was necessary?this is the Seongnam FC case.

It is a known fact that the failure to proceed with the investigation during the Moon Jae-in administration was due to Park Eun-jung, former head of the Seongnam branch, who acted as an aide to former Minister of Justice Choo Mi-ae. Although the prosecution's investigation was conducted long after the optimal time, concrete circumstances emerged showing that various companies resolved troublesome issues in exchange for sponsorship money, and in some cases, it was found that companies initially did not want to donate sponsorship funds.

Representative Lee habitually claims that the Daejang-dong investigation is a 'targeted investigation' against him, but as everyone knows, the suspicions of his involvement in the Daejang-dong project were first raised by the then-candidate Lee Nak-yeon's camp during the Democratic Party presidential primary. At that time, Lee strongly rebuked them as "bad candidates who stab from within," but based on the corruption revealed during the investigation and trial process so far, it is difficult to dismiss it as a 'targeted investigation.'

In the Daejang-dong case, prosecutors classified as pro-government during the Moon administration tried to wrap up the case at the level of private contractors and former director Yoo, but with the change of administration, the prosecution revealed corruption charges against Lee's closest aides, leading to the arrest of Lee's right and left arms on charges of receiving illicit funds.

Once the prosecution's summons investigation of Representative Lee concludes, it seems inevitable that a detention warrant will be requested. Whether the prosecution is framing Lee with false charges or Lee is lying is unknown, but considering the seriousness of the charges the prosecution is applying to Lee and the fairness with his aides who were previously arrested and indicted, it is difficult for the prosecution to indict Lee without detention without attempting to secure his custody.

On the 18th, appearing on KBS 9 PM News, where he announced his intention to appear before the prosecution on the 28th, Lee showed his determination to confront the prosecution investigation head-on. He especially emphasized that this investigation is not only an attack on him personally but also an attack on the opposition party leader.

What is now curious is Lee's next choice after showing his will for 'direct confrontation' with the prosecution investigation.

If he truly has no shame regarding the Daejang-dong corruption or Seongnam FC sponsorship allegations, and if he is convinced that the prosecution is fabricating charges without any substance or evidence, there should be no reason to avoid the court's warrant review.

Many citizens, excluding Lee's ardent supporters, are curious about how much of Lee's words are true. Lee denies any acquaintance with Kim Seong-tae, former chairman of Ssangbangwool Group, who is suspected of paying his legal fees, but it is inevitable that his statement overlaps with his claim of not remembering the late Kim Moon-gi, Seongnam Urban Development Corporation Development Division 1 head, with whom he went on overseas trips and even played golf in the same group.

Previously, in May 2018, during the Gyeonggi governor candidate election debate, Lee was convicted up to the second trial for spreading false information related to the forced hospitalization of his elder brother in a psychiatric hospital and was fined 3 million won, but he narrowly escaped at the Supreme Court and was able to maintain his political life. There is even suspicion that Kim Man-bae intervened through then-Supreme Court Justice Kwon Soon-il during the process where the existing Supreme Court precedent was overturned by the bizarre logic that "it's okay to lie when answering passively during TV debates."

Now is the time for Lee to prove his innocence to his supporters and the public.

When the arrest consent bill for fellow party member Roh Woong-rae, accused of accepting bribes worth tens of millions of won at the end of last year, was rejected, the Democratic Party showed misguided unity. Lee must step up to prevent such a recurrence.

As shown in the footage aired during the KBS 9 PM News interview on the 18th, Lee raised his voice during the May local election campaign last year, saying, "The privilege of immunity from arrest must be limited. I not only 100% agree but have been advocating this," emphasizing that parliamentary immunity should not be exercised recklessly.

It is hoped that the scene where former Minister of Justice Cho Kuk, who pledged to reveal all truths in court amid allegations of his children's admission irregularities, exercised his right to refuse testimony during his wife Jeong Gyeong-sim's trial as a witness, citing criminal procedure law, will not be repeated.

Especially, this case is an investigation into personal corruption during Lee's time as Seongnam mayor, unrelated to the Democratic Party. It is not a matter for the party to mobilize all its forces to shield him.

What is clear is that the conclusion of this investigation will inevitably be decided in court. From Lee's perspective, until a guilty verdict is confirmed by the Supreme Court, even if guilty verdicts come from the first and second trials, he will have no choice but to maintain his innocence to the end. It is a fight for his political life.

The prosecution also finds investigating the leader of the main opposition party burdensome. If Lee is acquitted in the first trial, without even going to the Supreme Court, his claim of being targeted by the prosecution will be accepted as true, and the backlash against the prosecution will be unimaginable.

In that sense, requesting a detention warrant for Lee is an unavoidable but very risky card for the prosecution. Currently, it is highly likely that the Democratic Party will reject the arrest consent bill in the National Assembly, but if Lee does not avoid the court's warrant review and the party sets the passage of the arrest consent bill as its official stance, or if unexpected defections occur within the party, the possibility of the warrant review actually taking place cannot be ruled out.

If the warrant judge dismisses the warrant citing reasons such as "lack of evidence of crime" or "possibility of disputing the charges," the prosecution will face a fierce backlash even before the trial begins, and the Yoon Suk-yeol administration will suffer an irreparable fatal blow. The fact that Chief Justice Kim Myung-soo, appointed by President Moon Jae-in, is still head of the judiciary is also a burden for the prosecution.

Nevertheless, both the prosecution and the Democratic Party think it is better to resolve the current chaotic situation surrounding Lee as soon as possible.

From the prosecution's standpoint, they want to quickly prove to the public that Lee's claims of 'targeted investigation' or 'opposition suppression' are false, and from the Democratic Party's standpoint, it is burdensome to carry Lee's 'judicial risk' until next year's general election.

Lee is the leader of the main opposition party who narrowly lost the last presidential election by a margin of 247,077 votes. If he had won and become president, the prosecution's reinvestigation of the Seongnam FC case and the indictment and arrest of Lee's closest aides Jeong Jin-sang and Kim Yong in the Daejang-dong case might not have happened.

From the perspective of citizens supporting Lee, this may seem unfair, but reality is otherwise, and ultimately Lee is destined to be indicted. Whether Lee, who received support from nearly half of the voters, continues to lead the opposition and aim for the next presidency, or whether he is someone who abused his position and authority to share massive development profits with private contractors and should be ousted from politics, will be decided within a few years at the latest.

Regardless of which, it is in everyone's best interest to expedite the timing of that conclusion.