[2024 National Audit] Prosecutor General: "In Kim Yeo-sa Deutsche Case, Will Exercise Investigation Command Authority if Appeal Filed"

Accuser Former Lawmaker Choi Kang-wook Announces Appeal
"After Considering Evidence and Legal Principles, Mrs. Kim Cleared of Charges"

Prosecutor General Shim Woo-jung stated on the 21st that if an appeal is made regarding the decision to dismiss charges against Kim Gun-hee, wife of President Yoon Suk-yeol, in the Deutsche Motors stock manipulation case, he would "exercise investigative command authority."

Prosecutor General Shim Woo-jung is reporting on work at the National Assembly's Legislation and Judiciary Committee's inspection of the Supreme Prosecutors' Office on the 21st. Photo by Kim Hyun-min

On the same day, during the National Assembly Legislation and Judiciary Committee's audit of the Supreme Prosecutors' Office, Shim responded to the question, "If the accuser appeals and the Seoul High Prosecutors' Office investigates, does the Prosecutor General have investigative command authority?" by saying, "I think so."

The exclusion of the Prosecutor General's investigative command authority in this case is limited to the investigation by the Seoul Central District Prosecutors' Office, so if the case is transferred to the Seoul High Prosecutors' Office, it implies that the command authority can be exercised.

When asked whether a proper search and seizure could be conducted and whether Kim could be summoned, Shim replied, "If an appeal is made, the investigation team will review the records and I will make a judgment while directing the investigation."

He also stated that he has never requested the restoration of investigative command authority from Minister of Justice Park Sung-jae since taking office. Shim explained, "Even though the Prosecutor General and the Minister have changed several times over the past four years, the authority has not been restored. I thought requesting restoration immediately after I took office could cause other controversies."

This case was ultimately disposed of under the authority of Lee Chang-soo, head of the Seoul Central District Prosecutors' Office, not Prosecutor General Shim. In 2020, then Minister of Justice Choo Mi-ae stripped the Prosecutor General of the authority to direct the investigation of President Yoon's Deutsche Motors case and instructed the Seoul Central District Prosecutors' Office not to take direction from the Prosecutor General but only to report the investigation results. Since then, the Prosecutor General's command authority has not been restored.

The accuser in this case, former Democratic Party lawmaker Choi Kang-wook, has announced his intention to appeal the prosecution's decision not to indict Kim.

Prosecutor General Shim repeatedly supported the investigation team, stating that they dismissed charges against Kim after carefully considering evidence and legal principles. He said, "I was informed that after reviewing the evidence comprehensively, they judged that Kim lacked awareness of stock manipulation and that there was insufficient intent to commit a crime," adding, "I believe the investigation team did their best under the given circumstances."

When asked if he would continue to trust the prosecutors even if they made mistakes, he replied, "Nothing has been proven to be wrong," and reiterated, "I direct prosecutors to investigate according to law and principles, and I always trust them."

Regarding the criticism that the command authority was exercised by Yongsan, he said, "I understand that is not the case. Chief Prosecutor Lee Chang-soo himself said at the audit that he made the decision," emphasizing, "They say there was certainty of guilt but no indictment was made, but no prosecutor refrains from indictment if there is certainty of guilt."