Split Opinion: 8 (Prosecution) vs 7 (Non-Prosecution)
Recommendation to Dismiss Remaining Charges
Prosecutors: "Plan to Proceed Based on Two Investigation Deliberation Committee Decisions"
The Prosecutorial Investigation Deliberation Committee (Investigation Deliberation Committee), which reviewed whether to indict Pastor Choi Jaeyoung, who gifted luxury bags and other items to First Lady Kim Geon-hee, wife of President Yoon Seok-yeol, decided on the 24th to recommend prosecution for Pastor Choi's violation of the Improper Solicitation and Graft Act. For the other charges against Pastor Choi, the committee resolved to recommend non-prosecution.
The Investigation Deliberation Committee reached this conclusion after holding a special committee meeting for over eight hours starting at 2 p.m. that day.
On the 24th, when the Prosecution Investigation Deliberation Committee was held, Pastor Choi Jaeyoung is speaking at a related press conference in front of the Supreme Prosecutors' Office in Seocho-gu, Seoul. [Image source=Yonhap News]
The Supreme Prosecutors' Office stated, "The Prosecutorial Investigation Deliberation Committee comprehensively reviewed the opinions of the investigation team and the suspect and defense counsel, and for suspect Choi Jaeyoung's violation of the Improper Solicitation and Graft Act, the vote was 8 for 'prosecution' and 7 for 'non-prosecution,' resulting in a 'recommendation for prosecution.' For suspect Choi's defamation charge, the vote was 14 for 'non-prosecution' and 1 for 'prosecution,' resulting in a 'recommendation for non-prosecution.' For the charges of trespassing and obstruction of official duties by deception against suspect Choi, the committee unanimously resolved to recommend non-prosecution."
During the special committee meeting of the Investigation Deliberation Committee that day, the prosecution and Pastor Choi presented their opinions on whether the investigation should continue and whether to prosecute or not regarding the charges of violation of the Improper Solicitation and Graft Act, defamation, trespassing, and obstruction of official duties by deception.
It is reported that before hearing statements from the prosecution and Pastor Choi's side, the committee held an internal discussion for about an hour.
Afterward, the investigation team was called to present their opinions, which took about two hours including questions and answers from the committee members.
The investigation team used presentation materials to explain with various evidence that the gifts Pastor Choi gave to First Lady Kim were expressions of congratulations on her inauguration or means for coverage and meetings, and that there was no job-relatedness or quid pro quo involved.
Then, attorney Ryu Jaeyul, who attended on behalf of Pastor Choi, explained for about two hours and 20 minutes why Pastor Choi should be prosecuted for violating the Improper Solicitation and Graft Act.
Attorney Ryu played a 10-minute video file brought as additional evidence, claiming that Pastor Choi made requests related to several issues connected to President Yoon’s duties, such as the appointment of former U.S. Congressman Kim Chang-jun as a national advisory committee member, his subsequent burial in the National Cemetery, and the retransmission of Tongil TV, while giving gifts to First Lady Kim.
After Pastor Choi’s side finished their statement, the Investigation Deliberation Committee called the investigation team again for additional questioning.
After finishing the statement, Attorney Ryu told reporters, "All members showed great interest to the extent that they asked questions," and added, "We argued that the focus should be on the relationship between the two rather than on whether the requests recognized job-relatedness, and the members showed interest."
He continued, "We only deliberated on the issue of violation of the Improper Solicitation and Graft Act, and our positions on the other charges were similar to the prosecution’s, so those were omitted. There was even a member who inquired about the serial number of the Dior bag," he added.
Meanwhile, Pastor Choi, who had previously protested that he was not given an opportunity to testify during the Investigation Deliberation Committee regarding First Lady Kim and had applied for the committee’s convening, did not attend the special committee meeting that day.
Before the meeting, he held a press conference in front of the Supreme Prosecutors' Office, stating, "I was concerned that I might reflexively defend my guilt against the members’ sharp questions," and "After much consideration, I decided that the benefit of not attending outweighed attending."
Once the special committee meeting concludes its deliberation and resolution, the Investigation Deliberation Committee prepares a deliberation opinion report. Then, the staff in charge of the special committee sends a copy of the report to the chief prosecutor, who must attach it to the case records.
Article 19 (Effect of Deliberation) of the Investigation Deliberation Committee’s operating guidelines states that "the chief prosecutor must respect the deliberation opinions of the special committee." In other words, regardless of the committee’s conclusion, it is not binding on the prosecutor and only has a recommendatory nature.
In fact, among the 16 Investigation Deliberation Committee meetings held so far, results of 13 have been disclosed, and in 8 of those 13 cases, the disposition differed from the committee’s opinion.
Immediately after the announcement of the Investigation Deliberation Committee’s result that day, the Seoul Central District Prosecutors’ Office stated, "The Criminal Division 1 investigation team of the Seoul Central District Prosecutors’ Office will refer to the decisions of the two Investigation Deliberation Committee meetings and handle the related cases based on evidence and legal principles following the investigation results."
Previously, on the 6th, the Investigation Deliberation Committee held a special committee meeting regarding First Lady Kim and resolved to recommend non-prosecution for all charges, including violation of the Improper Solicitation and Graft Act, violation of the Attorney-at-Law Act, and bribery under the Act on the Aggravated Punishment of Specific Crimes.
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