The court has decided not to merge the bribery case involving former President Moon Jaein with the case concerning former Blue House Senior Presidential Secretary for Personnel Cho Hyunok, who is accused of irregularities in the nomination of the chairman of the Korea SMEs and Startups Agency.
On May 23, the 27th Criminal Division of the Seoul Central District Court (Presiding Judge Woo Inseong) held the third hearing for Cho Hyunok's case on charges of abuse of authority. The court stated, "The two cases have different constituent elements in their indictments," and therefore rejected the prosecution's request to merge them. As a result, the case involving former President Moon Jaein is expected to proceed separately in the 21st Criminal Division.
The court explained, "Although some individuals involved may overlap, these cannot be considered related cases under Article 11 of the Criminal Procedure Act. Even if they were, merging them is at the court's discretion, not an obligation." Article 11 of the Criminal Procedure Act defines related cases as multiple offenses committed by one person, crimes jointly committed by several people, crimes committed by several people at the same time and place, and offenses such as harboring criminals, destruction of evidence, perjury, false interpretation, or crimes involving stolen property and the principal offense.
Previously, the prosecution had requested the merger of the two cases, arguing that the key issue in both?the connection to official duties?was the same. In response, former President Moon Jaein's legal team submitted an objection to the 21st Criminal Division, calling the request a "perverse merger application."
Cho Hyunok was indicted last December on charges of nominating former lawmaker Lee Sangjik as chairman of the Korea SMEs and Startups Agency around mid-December 2017, and instructing personnel officials in the relevant ministries to provide prior support for his appointment. Former President Moon Jaein was indicted last April on charges of having Lee Sangjik, the actual owner of T'way Air, hire his former son-in-law, Mr. Seo, and receiving over 200 million won in bribes in the form of salary, housing expenses, and other benefits.
The court plans to hold another hearing on June 20 to examine witnesses from the Korea SMEs and Startups Agency in relation to Cho Hyunok's case.
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