The Prosecutorial Investigation Deliberation Committee (hereinafter referred to as the Investigation Deliberation Committee) will be held on the 15th to review whether to indict Kim Gwang-ho, Commissioner of the Seoul Metropolitan Police Agency, and Choi Seong-beom, former Chief of the Yongsan Fire Station, in relation to the 'Itaewon Disaster.'
The Supreme Prosecutors' Office will hold a current affairs committee meeting of the Investigation Deliberation Committee from 2 p.m. on the same day to discuss whether to file charges against Commissioner Kim and former Chief Choi for professional negligence resulting in death or injury.
The Investigation Deliberation Committee system, introduced in 2018 to enhance public trust in the procedures and outcomes of prosecutorial investigations, is a system where external experts review and deliberate on cases that raise public suspicion or attract social attention regarding ▲whether to continue an investigation ▲whether to prosecute or dismiss charges ▲whether to request or re-request an arrest warrant ▲the appropriateness and legality of investigations in prosecuted or dismissed cases ▲and other matters referred by the Prosecutor General to the committee, and then send their deliberation opinions to the prosecutor after a resolution.
However, the deliberation's effect is only advisory and does not have binding power to compel the investigation team. Generally, if complainants or suspects request a meeting, a subcommittee composed of subcommittee members randomly selected from the citizen prosecutors of the prosecutorial office investigating the case decides whether to refer the case to the Investigation Deliberation Committee. In this case, however, Prosecutor General Lee Won-seok directly requested the convening.
The Investigation Deliberation Committee consists of 150 to 300 experts from various sectors of society who have knowledge and experience in the judicial system and possess high integrity and insight. Members are distributed without bias across specific professions or fields, including the legal community, academia, media, civic groups, and culture and arts.
The current affairs committee selects 15 members who can attend the deliberation date by random draw from among these Investigation Deliberation Committee members.
At the current affairs committee meeting, the Seoul Western District Prosecutors' Office investigation team will first explain the investigation results to the members, and the defense attorneys of the suspects and representatives of the victims will also attend to express their positions on whether to indict.
The 'Guidelines for the Operation of the Prosecutorial Investigation Deliberation Committee' stipulate that members attending the current affairs committee should engage in sufficient discussion to reach a consensus on the agenda, but if consensus is not reached, a decision is made by a majority vote of the attending members.
The deliberation of the current affairs committee is conducted privately. The committee autonomously decides not only the deliberation process but also whether, when, and how to disclose the deliberation opinions and whether to notify the applicants or parties involved in the case of the results.
Commissioner Kim is accused of significantly increasing the number of casualties by failing to prepare safety management measures despite being fully aware in advance that crowds would gather in the Itaewon area on October 29, 2022. Former Chief Choi is accused of neglecting rescue command after the disaster, thereby increasing human casualties.
Last year, the police special investigation headquarters sent Commissioner Kim and others to the prosecution without detention, but the Seoul Western District Prosecutors' Office, which took over the case, has not yet decided whether to indict.
Inside the prosecution, it is known that there are differing opinions regarding the detention or indictment of the two individuals. In particular, apart from morally criticizing or holding them responsible for acts of negligence that are difficult to see as directly causally related to the disaster, there is a strong negative sentiment about whether they can be indicted and convicted in court.
Given the gravity of the matter, the conclusion is expected to be announced late in the afternoon. Article 19 (Effect of Deliberation) of the operating guidelines stipulates that 'the chief prosecutor must respect the deliberation opinions of the current affairs committee.'
Previously, in 2020, the Investigation Deliberation Committee was held for Samsung Electronics Chairman Lee Jae-yong, reporter Lee Dong-jae under investigation for the 'Channel A case,' and Minister of Justice Han Dong-hoon. In 2021, the committee was also convened regarding whether to additionally indict former Minister of Trade, Industry and Energy Baek Woon-gyu on charges of 'abetting breach of trust' under the Specific Economic Crimes Act.
So far, the prosecution has mostly respected the opinions of the Investigation Deliberation Committee, but in the case of Samsung Electronics Chairman Lee Jae-yong, who was under investigation for the Samsung C&T-Cheil Industries merger, controversy arose when the prosecution requested an arrest warrant just two days after Lee applied for the committee's convening.
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