Prosecutorial Investigation Deliberation Committee's Decision Not to Prosecute Mrs. Kim
"Unwise Conduct Is Not Necessarily a Criminal Offense"
Prosecutor General Lee Won-seok stated regarding the Deutsche Motors stock manipulation trial, which is scheduled for an appellate court verdict on the 12th, that “If the appellate court ruling is carefully examined and thoroughly reviewed, and then reflected in the overall investigation to be handled based on evidence and legal principles, it can be properly concluded.” However, he also said, “I think it will be difficult to close the case within my term.” Lee’s term ends on the 15th.
On the 9th, while heading to the Supreme Prosecutors’ Office building in Seocho-gu, Seoul, Lee met with reporters and commented on the Prosecutors’ Investigation Deliberation Committee’s (PIDC) decision on the 6th to recommend non-prosecution for all six charges against Mrs. Kim, including violation of the Anti-Graft Act, bribery, abuse of authority to obstruct the exercise of rights, evidence destruction, solicitation of brokerage, and violation of the Attorney-at-Law Act. He said, “There is a need to respect the opinions of external experts.”
Prosecutor General Lee Won-seok is making a statement on the Democratic Party's impeachment motion against prosecutors at the Supreme Prosecutors' Office press room in Seocho-gu, Seoul, on the 2nd. Photo by Jo Yong-jun jun21@
He added, “(Mrs. Kim’s) unwise conduct is not subject to criminal punishment,” and “I understand that the President also referred to Mrs. Kim’s conduct as unwise. I have considered that unwise or inappropriate conduct does not immediately constitute a legal criminal offense or recognition of criminal charges.”
However, Lee stated, “Personally, I think it is necessary to take this opportunity to accurately supplement the laws regarding spouses of public officials and to revise any deficiencies so that there is no longer any room for social controversy by thoroughly organizing legislation.” Regarding the controversy that arose during the investigation process, such as the private questioning of Mrs. Kim at a third location, he emphasized, “We will examine whether there were any problems, and if there were, appropriate fact-finding and measures will be taken to ensure that such issues do not recur.”
Lee also proposed that the Anti-Graft Act, which currently lacks punishment provisions for spouses of public officials, should be revised in light of Mrs. Kim’s case. He said, “Personally, I think it is necessary to take this opportunity to accurately supplement the laws regarding spouses of public officials and to revise any deficiencies so that there is no longer any room for social controversy by thoroughly organizing legislation.”
Regarding calls from some quarters to abolish the PIDC, he said, “We utilized all the systems previously established within the prosecution this time,” and expressed the view that “If we go through certain processes and procedures and then say ‘all those processes and procedures must be abolished’ or ‘ignored’ just because they do not align with my wishes, it would render the rule of law and the pre-established procedures for handling cases meaningless.”
On the investigation into the luxury bag suspicion and the controversy over the Seoul Central District Prosecutors’ Office’s delayed reporting, Lee said, “We will examine whether there were any procedural or process issues during the investigation, and if there were problems, appropriate fact-finding measures will be taken to ensure that such issues do not recur.”
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