Pastor Choi Jaeyoung's Statement "Not a Favor" Also Played a Decisive Role
The prosecution investigating the ‘luxury handbag acceptance suspicion’ case involving First Lady Kim Keon-hee appears to have made a non-prosecution decision largely based on the testimony of Pastor Choi Jae-young. The prosecution cited Pastor Choi’s statement during the investigation that the gifts were unrelated to any solicitation, and the inability to prove a ‘work-related connection’ with the President as reasons for the ‘no charges’ conclusion.
The Criminal Division 1 of the Seoul Central District Prosecutors’ Office (Chief Prosecutor Kim Seung-ho) announced on the 2nd that it had decided not to prosecute five individuals, including President Yoon, First Lady Kim, Pastor Choi, Baek Eun-jong, the representative of Seoul Voice, and reporter Lee Myung-soo, regarding the ‘case of allegations of violation of the Improper Solicitation and Graft Act against the presidential couple.’ This conclusion came about five months after the investigation team was formed. The prosecution viewed the luxury handbags and various other gifts given by Pastor Choi as merely means to maintain a friendly relationship with First Lady Kim or to create opportunities for meetings. To explain the reasons for the decision, the prosecution held a presentation (PT) for the press lasting about two hours.
The prosecution emphasized that Pastor Choi stated during the investigation that “the gifts were given with a pure heart and were unrelated to any solicitation.” The prosecution explained, “Regarding the luxury cosmetics given on June 20, 2022, Pastor Choi repeatedly stated in the suspect interrogation records that the gifts were given with a pure heart. He also testified that the luxury handbag was a kind of admission ticket or a means for meetings, and he himself expressed the same position in interviews with various media outlets before.”
The memorandum also became a crucial clue. After giving the luxury cosmetics, Pastor Choi himself wrote a memorandum around August 2023, which clearly stated, “I clarify that the gifts between the deliverer (Choi Jae-young) and Kim Keon-hee were personal gifts and not bribes or solicitations.” In the memorandum regarding the luxury handbag, Pastor Choi also wrote, “I clearly state that the gift was given in a personal relationship and not as a bribe or for solicitation purposes.” A representative from the Seoul Central District Prosecutors’ Office emphasized, “The entire investigation team unanimously judged that it would be difficult to maintain prosecution based solely on some of Pastor Choi’s changed claims.”
The Supreme Prosecutors' Office Investigation Deliberation Committee recommended that the prosecution indict Pastor Choi Jae-young, who gave luxury bags and other items to First Lady Kim Keon-hee, on charges of violating the Anti-Graft Act. On the 25th, the Supreme Prosecutors' Office in Seocho-dong, Seoul. Photo by Jo Yong-jun jun21@
Regarding the decision not to follow the recommendation of the Pastor Choi Investigation Committee, the prosecution stated, “While it is necessary to respect institutional decisions, the conclusions were somewhat conflicting, and the work-related connection was not clearly established. In such circumstances, prosecutors must make judgments based on evidence and legal principles. The conviction rate in criminal trials is about 98%. The principle is not to prosecute unless there is certainty of guilt.”
The prosecution concluded that Pastor Choi’s gifts were not rewards for solicitation, and there was no work-related connection with President Yoon, which was a key issue in this case. Accordingly, they ruled that the reporting obligation stipulated in the Improper Solicitation and Graft Act could not arise for President Yoon, resulting in a dismissal of charges. Regarding First Lady Kim’s alleged violation of the Improper Solicitation and Graft Act, the prosecution judged that there was no basis for criminal punishment as there is no penalty provision for spouses of public officials. Specifically, the Act prohibits spouses of public officials from receiving money or valuables related to the official’s duties, but there is no penalty clause for violations of this provision.
A representative from the Seoul Central District Prosecutors’ Office stated, “There may be opinions that this decision does not align with public sentiment, but I would like to emphasize that it was thoroughly reviewed based solely on evidence and legal principles, and the conclusion was reached in accordance with the professional conscience of legal practitioners.”
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
