The arrest warrant requested by the prosecution against Lee Jae-myung, leader of the Democratic Party of Korea, in connection with allegations of 'special favors in Baekhyun-dong development' and 'Ssangbangwool Group's remittance to North Korea' failed to pass the court's threshold.
On the 27th, Yoo Chang-hoon, the warrant judge at the Seoul Central District Court, dismissed the arrest warrant for Lee, who was charged with violating the Act on the Aggravated Punishment of Specific Crimes (bribery) and other allegations, after reviewing the request.
Lee Jae-myung, leader of the Democratic Party of Korea, who has been indicted on suspicion of preferential treatment in the Baekhyun-dong development project and involvement in Ssangbangwool's North Korea remittance allegations, is attending the pre-arrest detention hearing at the Seoul Central District Court in Seocho-gu, Seoul on the 26th. Photo by Hyunmin Kim kimhyun81@
Judge Yoo stated, "Considering the necessity of guaranteeing the suspect's (Lee Jae-myung's) right to defense and the degree of concern over evidence tampering, it is difficult to conclude that there are grounds and necessity for detention to the extent that the principle of non-custodial investigation should be excluded."
Regarding the charges, he said that the instruction to commit perjury "appears to be substantiated," but concerning the Baekhyun-dong development, "there is considerable suspicion that the suspect was involved, considering his position, related approval documents, and testimonies of related parties, especially regarding the exclusion of Seongnam Urban Development Corporation's participation in the project." However, he concluded, "At this point, direct evidence on this matter is insufficient, and it is difficult to definitively say that the suspect's defense, which disputes the facts or legal aspects, should be rejected."
Regarding the remittance to North Korea, he stated, "Based on the testimony of Lee Hwa-young (former Gyeonggi Province Peace Deputy Governor), a key figure, and related materials so far, there is room for dispute about the suspect's awareness, conspiracy, or degree of involvement."
Judge Yoo further said, "In the cases of perjury instruction and Baekhyun-dong development, considering the human and material evidence secured so far, it is difficult to see a concern for evidence tampering. Regarding the remittance to North Korea, although there are circumstances that raise suspicion of inappropriate involvement by people around the suspect in relation to Lee Hwa-young's testimony, there is a lack of evidence to conclude that the suspect was directly involved. Also, it is difficult to say that Lee Hwa-young's previous statements to investigative agencies were involuntary, and changes in testimony ultimately fall within the realm of assessing credibility. Considering the suspect's attendance at separate trials and his status as the current leader of a political party subject to public scrutiny and criticism, it is difficult to definitively conclude that there is a concern for evidence tampering."
Thus, despite the National Assembly's approval of the arrest consent motion, Lee became the third incumbent lawmaker to avoid detention. According to the National Assembly's legislative information system, since the 13th National Assembly (opened in May 1988) after the current constitution was established in 1987, there have been a total of 11 approved arrest consent motions for incumbent lawmakers, including Lee. Among them, only three?Hyun Young-hee (2012), Ha Young-je (2023), and Lee?avoided detention.
The prosecution's investigation will face significant setbacks due to the dismissal of the warrant. Despite investigating Lee comprehensively for about two years, the court did not recognize 'substantiation of charges' or 'concerns over evidence tampering' at the first judicial review. Regarding the warrant review result, the Seoul Central District Prosecutors' Office expressed regret over the dismissal decision, stating, "We will continue to conduct supplementary investigations and firmly uncover the truth according to law and principles."
The Central District Prosecutors' Office said, "While acknowledging that the charge of instructing perjury was substantiated and that there is considerable suspicion of the suspect's involvement in the Baekhyun-dong development corruption, we find it difficult to accept and deeply regret the judgment that there is room for dispute based on Lee Hwa-young's testimony recognizing the suspect's involvement in the remittance to North Korea."
They added, "Acknowledging that the charge of instructing perjury was substantiated means that evidence tampering was practically carried out, yet judging that there is no concern for evidence tampering, while recognizing circumstances that raise suspicion of inappropriate involvement by surrounding persons, is contradictory."
Having overcome the risk of detention, Lee came out of the main gate of Seoul Detention Center in Uiwang-si, Gyeonggi Province, around 3:50 a.m. that day, saying, "I first thank the many people who stayed with me at this late hour and the citizens who are still awake watching this scene. Politics may seem like it is done by politicians, but it is done by the people." He added, "I deeply thank the judiciary for clearly proving that it is the last bastion of human rights."
Lee said, "Politics is always about taking care of the people's lives and pioneering the nation's future. I hope that both the ruling and opposition parties and the government will not forget this and return to true politics, which is not a war to destroy the opponent but a competition to see who can properly play a greater role for the people and the country."
He continued, "The day after tomorrow is Chuseok, a holiday to be joyfully celebrated, but the lives of our people and the current economic and livelihood issues are extremely difficult. I ask the government, the ruling party, and all political circles to become entities that give hope to the people and help the future of this country."
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