The court has dismissed the prosecution's indictment against Democratic Party lawmaker Jung Junho (Gwangju Buk-gu Gap) for alleged violations of the Public Official Election Act.
The court determined that the prosecution made a procedural mistake by violating the Prosecutors' Office Act during the indictment process.
On the 14th, the 12th Criminal Division of the Gwangju District Court (Presiding Judge Park Jaesung) issued a ruling to dismiss the indictment against Representative Jung and two election campaign staff members who were charged with violating the Public Official Election Act and the Political Funds Act.
The court explained, "It is clear from the records that a prosecutor without the authority to indict under the Prosecutors' Office Act filed the indictment," adding, "This constitutes a case where the indictment procedure is invalid due to a violation of the law."
The Public Investigation Division of the Gwangju District Prosecutors' Office indicted Representative Jung without detention last October, but failed to separate the investigative and prosecuting prosecutors, allowing the same prosecutor who initiated the investigation to file the indictment.
In response, Representative Jung's side objected, stating, "Having the investigating prosecutor also file the indictment is a violation of the Prosecutors' Office Act and is a clear reason for dismissal of the indictment."
The prosecution countered, "This case was investigated by the prosecution following a complaint from the election commission, which includes judicial police officers, so it is not subject to the separation of investigation and prosecution," but the court found fault with the indictment and dismissed the charges.
Since the enforcement of the so-called 'Prosecution Reform Act' (amended Prosecutors' Office Act) in 2022, prosecutors are prohibited from indicting cases they themselves have initiated investigations into.
Although the indictment in this trial was dismissed, it is expected that the prosecution will either appeal immediately or re-indict instead of appealing.
Regarding this, Representative Jung said, "I am grateful that the court corrected the prosecution's wrongful indictment," and added, "If the appeals process continues, I will sincerely participate and continue to serve humbly as a lawmaker."
Jung's attorney stated, "If the prosecution appeals, we will respond as in the first trial, insisting that the indictment should be dismissed due to its illegality, and if there is a re-indictment, we plan to contest its legitimacy in court."
Representative Jung and others were indicted on charges of having 12 phone promoters make 15,000 promotional calls and instructing two promoters to send about 40,000 promotional text messages during the party primary process in February ahead of the April 10 general election.
Under the Public Official Election Act, it is prohibited to provide money or valuables to those involved in primary campaigns, but Representative Jung was also charged with conspiring with accomplices responsible for phone and text promotions to provide a total of 5 million won as daily wages to 12 promoters.
Additionally, from December last year to February this year, he was charged with paying approximately 16.47 million won in campaign wages to six individuals who were not registered as election staff and promising to pay an additional 1.9 million won.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
