Accusation Made 4 Months Before Statute of Limitations... Two Suspects Refuse Investigation
"Difficult to Conclude They Clearly Recognized the Charges at the Time"
The High-ranking Officials' Crime Investigation Unit (PCC) has determined that it cannot apply charges of dereliction of duty to the prosecutors who first investigated former Deputy Minister of Justice Kim Hak-ui's 'villa sexual bribery allegations.'
The PCC's Investigation Division 3 (Chief Prosecutor Park Seok-il) announced on the 8th that it had decided not to indict three current and former prosecutors who were in charge of the 2013 'former Deputy Minister Kim Hak-ui case,' who had been accused of special dereliction of duty. The PCC explained, "After reviewing the prosecution investigation records, it is difficult to see that the suspects intentionally neglected their duties despite clearly recognizing the facts of the violation of the Special Act by former Deputy Minister Kim and Yoon Joong-chun." It also added, "There are significant differences between the circumstances at the time of the 2013 investigation and those during the 2019 reinvestigation team’s investigation in terms of the background for starting the investigation, the main direction of the investigation, investigation conditions, and the scale of the investigation."
The first investigation team in 2013 focused on sexual crime allegations related to the 'Kim Hak-ui video' at the time, and the investigation team consisted of only three prosecutors including the chief prosecutor, while Yoon also denied any connection to former Deputy Minister Kim.
On the other hand, the reinvestigation team formed in 2019 following the investigation recommendation of the Ministry of Justice's Past Prosecution Affairs Committee consisted of about 50 people including 13 prosecutors. Many new pieces of evidence were uncovered through searches and seizures, and the key witness Yoon actively testified, changing the investigation conditions.
The PCC also emphasized that despite the time constraints of the complaint being filed four months before the statute of limitations expired, it did its best to uncover the substantive truth.
However, some have pointed out that the investigation may not have sufficiently uncovered the facts due to being rushed by the statute of limitations. After receiving the complaint against former Head of the Immigration Office at the Ministry of Justice Cha Gyu-geun in July this year, the PCC took over about 100,000 pages (229 volumes) of investigation records held by the Seoul Central District Prosecutors' Office in September through a search and seizure. After reviewing and analyzing the seized records, the PCC began sending summons to the suspects on the 18th of last month.
Yoon Jae-pil, a lawyer who was the head of the violent crimes division at the Seoul Central District Prosecutors' Office in 2013, appeared at the PCC for questioning on the 30th of last month, but two current prosecutors who were the lead investigators at the time refused to appear before the PCC. They also did not respond to written inquiries sent by the PCC. Ultimately, the conclusion was drawn based on existing investigation records and other materials.
Former Head Cha said, "It seems the PCC unilaterally accepted the claims of the accused," adding, "It's absurd and makes me laugh bitterly." He plans to submit a request for reconsideration to the PCC on the 9th. A request for reconsideration is a system where the complainant or accuser asks the court to review the validity of a non-indictment decision. If the competent high court deems the request valid, the PCC must file charges.
Previously, in July 2013, the police forwarded former Deputy Minister Kim and construction businessman Yoon Joong-chun to the prosecution on charges including special rape based on sexual bribery videos filmed at Yoon's villa and testimonies from the victims, but the prosecution closed the case with no charges in November of the same year. The results of the prosecution's second investigation in 2015 were the same.
After reinvestigation, former Deputy Minister Kim was indicted in June 2019 on bribery charges under the Act on the Aggravated Punishment of Specific Crimes, but the court confirmed a verdict of not guilty or dismissal due to the statute of limitations having expired or insufficient evidence. This led to criticism that if the 2013 investigation team had properly investigated and indicted former Deputy Minister Kim, the statute of limitations would not have been an issue.
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