'Not Guilty' Lee Seong-yoon Criticizes "Yoon's Political Prosecution"... Prosecution Plans Appeal, "Cannot Accept First Trial Verdict"

"There is serious suspicion that the Yoon Seok-yeol political prosecution indicted not for the public interest but for certain forces or private interests." (Lee Seong-yoon, Research Fellow at the Legal Research Institute)

"Taesan made a loud noise, but only one or two mice came out." (Lee Kwang-cheol, former Blue House Civil Affairs Secretary)

"We will definitely correct this through appeal." (Prosecution)

The prosecution, which indicted related parties while pointing out the illegality of the emergency travel ban on former Deputy Minister of Justice Kim Hak-ui, lost face in the first trial.

The court ruled that the measure at the time was legally illegal, but considering the urgent situation, it was inappropriate to punish it as abuse of authority. Lee Seong-yoon, Research Fellow at the Legal Research Institute, also saw that the prosecution's allegation that the travel ban investigation was unfairly blocked was not sufficiently proven.

Research Fellow Lee Seong-yoon of the Judicial Research and Training Institute (former Seoul High Prosecutor) is attending the sentencing trial held on the afternoon of the 15th at the Seoul Central District Court in Seocho-dong.
[Image source=Yonhap News]

◆All acquitted on charges of 'illegal travel ban and investigation pressure' abuse of authority

On the afternoon of the 15th, the 27th Criminal Division of the Seoul Central District Court (Presiding Judge Kim Ok-gon) acquitted Lee Kwang-cheol, former Blue House Civil Affairs Secretary, and Cha Gyu-geun, former head of the Immigration and Foreign Policy Bureau of the Ministry of Justice, who were indicted for attempting to illegally block the departure of former Deputy Minister of Justice Kim Hak-ui. Prosecutor Lee Gyu-won of Chuncheon District Prosecutors' Office was given a suspended sentence of four months in prison and was treated leniently.

The court said, "At the time Kim tried to leave the country, the reinvestigation was already a foregone conclusion," and "even if the legal requirements were not met in a very urgent situation, it cannot be regarded as abuse of authority." It also emphasized, "It cannot be seen that they tried to realize illegal benefits such as personal gain or solicitation." The court paid attention to the fact that the investigation might have been stalled, making it impossible to resolve public suspicions about past cases when Kim tried to leave the country.

The court explained, "There is no precedent for travel bans, so it was unfamiliar even to prosecutors, and even legal professionals who appeared as witnesses expressed different opinions, making legal judgment difficult," and "even if the legal requirements were not met in a very urgent situation, it cannot be regarded as abuse of authority."

However, the court found guilty the charge that Prosecutor Lee falsely stated he was acting as the deputy head of the Seoul Eastern District Prosecutors' Office to create the travel ban request and obtained retroactive approval for Kim's travel ban, and the charge of hiding this document.

Regarding Lee Seong-yoon, Research Fellow at the Legal Research Institute, who was accused of exerting pressure on the investigation of the illegal travel ban case (abuse of authority and obstruction of rights exercise), the court acquitted him, saying, "Based on the evidence submitted by the prosecutor, it is difficult to say that the prosecution's allegations that the defendant exerted illegal and improper pressure were sufficiently proven."

The court said, "Looking at the suspicious response of the Anti-Corruption and Serious Crime Division of the Supreme Prosecutors' Office, which did not clearly express its position on whether to proceed with the investigation despite receiving a report from the Anyang District Prosecutors' Office containing a strong will to investigate the crimes of Prosecutor Lee Gyu-won and others, there is suspicion that the defendant (who was the head of the Anti-Corruption and Serious Crime Division) exerted illegal and improper pressure."

The court also judged that "it cannot be concluded that the defendant's actions alone caused the obstruction of the investigation or other results." "At the time, the leadership of the Anyang District Prosecutors' Office did not reiterate the need for investigation to the Anti-Corruption and Serious Crime Division, which showed an ambiguous attitude. They also did not go through the objection procedure prescribed by law," and "It is difficult to regard the defendant's explanation that 'the travel ban was a matter agreed upon by the Ministry of Justice and the Supreme Prosecutors' Office' or his inquiry about whether there was a recording of the investigation process as illegal and improper pressure," the court added.

◆Prosecution dissatisfied with first trial verdict: "Absolutely unacceptable... will appeal"

Immediately after the verdict, the research fellow said, "I suspect that the 'Yoon Seok-yeol political prosecution' investigated and indicted not solely for the people but for certain forces or private interests," and "I thank the court for delivering a verdict in line with justice and common sense."

The former secretary said, "Taesan made a loud noise, but only one or two mice came out," and "I thank the court for making a common-sense judgment of inevitable justice," former head Cha said, "I am glad that the truth and common sense, which briefly lost light among cloudy clouds, shone brightly again in the court of justice." Prosecutor Lee said, "I respect the court's judgment, but I will explain in more detail in the appeal trial the parts where some guilty verdicts were given."

On the other hand, the prosecution said, "The court's first trial verdict is absolutely unacceptable in light of the evidence and legal principles," and "We will definitely correct this through appeal."

Prosecutor Lee, former head Cha, and former secretary Lee were tried on charges of illegally banning former Deputy Minister Kim's departure on March 22, 2019, when Kim's attempt to leave from Incheon International Airport was detected.

At the time, Prosecutor Lee, who was dispatched to the Past Affairs Investigation Team of the Supreme Prosecutors' Office, submitted an emergency travel ban request written with a past case number for which Kim had already been cleared, blocking his departure, and it was investigated that he wrote a non-existent investigation number on the retroactive approval request.

Former head Cha is accused of approving the travel ban request a day later despite knowing its illegality, and former secretary Lee is accused of coordinating between former head Cha and Prosecutor Lee and leading the entire illegal travel ban process.

In the same year, the research fellow (then head of the Anti-Corruption and Serious Crime Division of the Supreme Prosecutors' Office) was indicted on charges of exerting pressure to block the investigation of the illegal travel ban suspicion by the Anyang District Prosecutors' Office Criminal Division 3.

Former Vice Minister of Justice Kim Hak-ui, who was indicted on bribery charges under the Act on the Aggravated Punishment of Specific Crimes, is heading to the appellate court hearing at the Seoul High Court in Seocho-gu, Seoul, on October 28, 2020. [Image source=Yonhap News]