After Police Declined Referral, Prosecution Launched Its Own Investigation
Jungseon Lee, Superintendent of the Gwangju Education Office, who has been criminally charged over alleged irregularities in the hiring of an auditor, has filed an appeal with the court, claiming that the prosecution's search and seizure was unlawful.
According to the legal community on May 8, Lee's legal representative submitted an appeal to the Gwangju District Court the previous day, stating, "The prosecution conducted the search and seizure in violation of proper procedures," and requested that the measure be canceled. An appeal of this kind is a procedure filed with the court to contest actions such as seizure or detention by investigative authorities.
Lee's side argued, "After more than a year of investigation, the Gwangju Metropolitan Police Agency decided not to refer the case, but the prosecution launched its own investigation without following the required procedures." According to the Criminal Procedure Act, if the prosecution disagrees with the police's decision, it must request a reinvestigation within 90 days. However, Lee's side claims that the prosecution violated this rule by keeping the case for an extended period before commencing its own investigation.
The prosecution received the case of former personnel team leader A from the police in September last year. In March this year, they booked Superintendent Lee on suspicion of abuse of authority and conducted a search and seizure at the education office. During this process, they also secured Superintendent Lee's mobile phone and other items.
Lee's side argued that "all materials seized unlawfully by the prosecution are inadmissible as evidence" and insisted that the search and seizure measure should be canceled.
A is currently on trial in the first instance after being indicted and detained on charges including forging official documents and leaking official secrets. The prosecution has not yet summoned Superintendent Lee for questioning.
Previously, in the auditor selection process at the Gwangju Education Office in August 2022, a high school classmate of Superintendent Lee did not initially rank among the top two candidates. However, after some interviewers repeatedly revised their scores, the classmate was ultimately appointed. As the controversy over irregularities grew, the auditor voluntarily resigned just seven months after taking office.
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