Former Justice Minister Park Investigated for Alleged Aiding of Insurrection
Home Searched in Ongoing Probe
Former Prosecutor General Shim Accused of Not Filing Immediate Appeal After Yoon’s Detention Cancellation
Shim Woojung, Prosecutor General, is delivering his retirement speech at the retirement ceremony held on the 2nd of last month at the Supreme Prosecutors' Office in Seocho-gu, Seoul. Photo by Yonhap News
On August 25, the Special Prosecutor's Office for the Insurrection (led by Special Prosecutor Cho Eunseok) conducted a search and seizure of former Prosecutor General Shim Woojung in connection with the prosecution's decision to forgo an immediate appeal during the process of former President Yoon Sukyeol's release after his first detention. Former Minister of Justice Park Sungjae, who is implicated in allegations of aiding and abetting the insurrection, was also included among the search targets. This marks the first time that simultaneous search and seizures have been conducted on both a former Minister of Justice and a former Prosecutor General.
Beginning at 9:30 a.m. on the same day, the special prosecutor's team carried out search and seizure operations at the Ministry of Justice, the Supreme Prosecutors' Office, Seoul Detention Center, and the residence of former Minister Park. While the residence of former Prosecutor General Shim was not included among the search locations, his mobile phone and other personal devices were subject to search and seizure. The now-vacant office of the Prosecutor General was also included as a search target.
Special Prosecutor Park Jiyoung stated during a briefing, "Because we need to search and locate specific materials, the operation is being conducted according to standard on-site search and seizure procedures, rather than simply relying on voluntary submission."
The special prosecutor's team is currently investigating allegations that, on December 3 of last year, a prosecutor from the Supreme Prosecutors' Office contacted the Defense Security Command (DSC) and then proceeded to the National Election Commission (NEC). Previously, the police reportedly obtained statements from several DSC agents during their investigation, indicating that, "After the declaration of martial law, we received orders that the prosecution and the National Intelligence Service would soon be coming to the NEC and that we should provide support."
In response, the Supreme Prosecutors' Office issued a statement in December of last year, denying the allegations, saying, "The prosecution has never received or made any request for dispatch related to martial law from the DSC or any other agency."
Park Sungjae, Minister of Justice, is delivering a farewell speech at the Ministry of Justice in the Government Complex Gwacheon on June 5. Photo by Yonhap News
Former Minister Park is accused of failing to prevent and instead aiding and abetting former President Yoon's illegal declaration of emergency martial law. On the day martial law was declared, Park was one of the first six cabinet members summoned by former President Yoon to be informed of his plan.
Former Prosecutor General Shim was previously reported for abuse of authority and other charges after the court decided to cancel the detention of former President Yoon in March, and Shim chose not to file an immediate appeal, thereby foregoing the opportunity for a higher court review. Former President Yoon, who had been indicted on charges including leading an insurrection, argued that the prosecution's indictment occurred after the expiration of his detention period and filed for cancellation of his detention with the court. The court accepted this request and granted the cancellation, and because the Supreme Prosecutors' Office did not file an immediate appeal, Yoon was released.
Additionally, the special prosecutor's team submitted a written opinion to National Assembly Speaker Woo Wonshik the previous day, stating that an amendment to the Special Prosecutor Act is necessary.
Specifically, considering that insider testimony is essential for uncovering the truth in crimes related to insurrection and treason, the team proposed: ▲the introduction of mandatory sentence reductions or deferred prosecution for voluntary surrender under the National Security Act; ▲the establishment of provisions for sentence reduction for crime reporters and others under the Act on the Protection of Specific Crime Informants; ▲the introduction of sentence reduction provisions under the Capital Markets Act; ▲the establishment of definitions for related cases to prevent confusion regarding investigation targets; ▲allowing the special prosecutor to direct cases that are ongoing in military courts to ensure consistency in verdicts among accomplices; and ▲reviewing the authority of investigative bodies in cases where investigations are not completed or prosecution decisions are not made before the end of the investigation period, taking into account the current restrictions on direct investigations by the prosecution.
Special Prosecutor Park stated, "Insider testimony is crucial, but there are situations where individuals cannot speak out due to fear of punishment. For the sake of uncovering the truth, active cooperation in this area is necessary," adding, "We are requesting the establishment of new regulations in consideration of the relevant National Security Act and other laws."
The special prosecutor's team did not request an extension of the investigation period. However, regarding special investigators, the team pointed out that the Special Prosecutor Act limits the number of special investigators to 100 or fewer, but in practice, it is virtually impossible to hire that many. Therefore, they included an opinion that personnel adjustments, such as dispatching staff, are necessary.
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