In 2021, following the controversy over the High-ranking Officials' Crime Investigation Agency (HCIA) providing a government vehicle to Lee Seong-yoon, then head of the Seoul Central District Prosecutors' Office, who was a suspect at the time, sparking allegations of a 'privileged investigation,' a lawsuit seeking damages related to the extensive access to communication data of private citizens, which led to accusations of 'surveillance,' was dismissed by the court.
On the 14th, Judge Kim Min-jung of the Civil Division 37 at the Seoul Central District Court ruled against the plaintiffs in a damages lawsuit filed by Kim Tae-hoon, Honorary Chairman of the Lawyers for Human Rights and Unification of Korea (Hanbyun), Vice Chairman Lee Heon, lawyers Woo In-sik, Park Joo-hyun, Kwon Oh-hyun, and KBS reporter Lee Young-poong against the Minister of Justice.
Government Gwacheon Complex, Corruption Investigation Office for High-Ranking Officials. [Photo by Yonhap News]
In March 2021, the HCIA was embroiled in a 'privileged investigation' controversy after providing a government vehicle to Lee Seong-yoon, then head of the Seoul Central District Prosecutors' Office and a suspect in the 'illegal travel ban investigation on former Vice Minister Kim Hak-ui' case. During the investigation into the alleged leak of Lee's indictment, it was revealed that the HCIA extensively accessed communication data of opposition party members from the People Power Party, journalists, family members, acquaintances, and lawyers, leading to accusations of surveillance.
At the time, Kim Jin-wook, head of the HCIA, explained that accessing communication data is a common investigative method used by prosecutors and police. However, Kim Tae-hoon, the Honorary Chairman who was among those whose communication data was accessed, stated, "The surveillance not only intimidated the victims but also caused anxiety among many innocent citizens," and filed a lawsuit in February 2022.
On this day, the court ruled that "the collection of communication data such as phone numbers used by the plaintiffs by the HCIA prosecutors was not an abuse of authority," and judged that "confirming direct personal information of individuals suspected of official secret leakage is within a reasonable scope for investigation."
The court further noted, "Intelligence was obtained regarding the official secret leakage crime under investigation, and after establishing the relevance of the suspects and charges, the court granted permission to verify the plaintiffs' phone numbers and obtain communication data."
Regarding the plaintiffs' argument that they were not high-ranking officials under investigation by the HCIA and thus the access to their communication data exceeded the scope of the investigation, the court stated, "For investigation purposes, it is sometimes necessary to investigate individuals who are not public officials related to the charges, and even if they are not high-ranking officials, direct investigation as accomplices is possible."
Hanbyun expressed their position on the court's dismissal, stating, "Fundamentally, this is a case where the HCIA abused its investigative authority and infringed on freedom of the press and communication," and added, "We will decide whether to appeal after reviewing the judgment."
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