Less Than 10% of Three Major Special Prosecutors' Cases Directly Involve Yoon and Kim
Unprecedented 'Giant Special Prosecutor' Faces Criticism for Kim Keon-hee Probe, Marine Corps Investigation Yields Little
Will Questioning Yoon Open a Breakthrough?
The three major special prosecutors (Kim Keon-hee, Insurrection, and Marine Corps) are facing criticism for their investigations, which have failed to penetrate the core of the allegations and instead continue to circle around the periphery. With about 50 days remaining for the Insurrection Special Prosecutor, around 40 days for the Kim Keon-hee Special Prosecutor, and just over 20 days for the Marine Corps Special Prosecutor, there is growing attention on whether they will be able to break through and achieve results.
On November 4, legal experts both inside and outside the judiciary observed that cases directly involving former President Yoon Suk-yeol and his wife Kim Keon-hee may account for less than 10% of the three special prosecutors' investigations.
Kim Keon-hee Special Prosecutor Investigates 16 Allegations... Lacks Direct Connection to Main Cases
Former President Yoon Suk-yeol's wife, Kim Keon-hee, is leaving the Seoul Central District Court in Seocho-gu, Seoul, after completing the pre-arrest hearing on the afternoon of August 12. Photo by Joint Press Corps
The Kim Keon-hee Special Prosecutor was launched with the intention of investigating 16 allegations of government corruption surrounding Kim Keon-hee. The special prosecutor's office expanded the number of assistant special prosecutors from four to six, the number of dispatched prosecutors from 40 to 70, and the number of dispatched government officials from 80 to 140. This has effectively created an unprecedentedly large investigative body, equivalent to having six deputy chief prosecutors at a typical district prosecutor's office.
However, the investigative results achieved by the Kim Keon-hee Special Prosecutor have been quite insufficient compared to its scale. Apart from indicting Kim Keon-hee on charges of violating the Capital Markets Act, there have been no significant outcomes. Instead, the investigation has been marred by controversy, such as a witness making an extreme choice and the chief prosecutor, who played a leading role in the investigation team, being found to have had drinks with a key suspect.
The only case involving Kim Keon-hee that led to an indictment is the one for which the special prosecutor's office was established. In the indictments for multiple cases, including the "Sambu Construction Stock Price Manipulation Scandal" (the first case under the Kim Keon-hee Special Prosecutor Act) and the so-called "Kim Keon-hee Housekeeper Gate" (as named by the special prosecutor), Kim Keon-hee is not mentioned as a defendant.
Recently, the Kim Keon-hee Special Prosecutor has been focusing on cases outside the main scope, such as the "Navy vessel party," the "Jongmyo tea meeting in Seoul," and allegations of covering up school violence involving an aide's child. As no significant criminal charges emerged from the main allegations, the investigation team appears to have shifted its focus in haste.
Insurrection Special Prosecutor Shifts from Foreign Exchange Charges Against Yoon to 'General Treason Charges'
The Insurrection Special Prosecutor drew significant attention early in the investigation by quickly securing the custody of former President Yoon. However, momentum has stalled as arrest warrants for key cabinet ministers, whom the special prosecutor believed had supported Yoon's insurrection, were denied by the court.
Nevertheless, the Insurrection Special Prosecutor plans to reapply for an arrest warrant for former Justice Minister Park Sungjae as early as this week. The special prosecutor intends to supplement the case by emphasizing that Park was aware of the illegality of the martial law and still actively ordered follow-up measures, thereby participating in the imposition of martial law, and will seek the court's judgment once again.
Regarding the foreign exchange allegations, the Insurrection Special Prosecutor is taking a cautious approach. The initial plan was to indict former President Yoon on foreign exchange charges by the end of last month, but this has been postponed. It is understood that general treason charges are now being applied to suspects involved in the Pyongyang drone operation case. General treason is a crime that punishes acts harming South Korea's military interests or providing military benefits to an enemy state.
In connection with the "obstruction of the resolution to lift martial law," the Insurrection Special Prosecutor has requested an arrest warrant for former People Power Party floor leader Chu Kyungho on charges of performing important duties related to insurrection. The special prosecutor stated, "Considering the seriousness of the crime and the risk of evidence destruction, we determined that there was sufficient evidence of the crime to request a warrant."
Marine Corps Special Prosecutor, Investigation Yields 'Almost Nothing'... Pursuing Summons of Yoon
Former President Yoon Seok-yeol attended the first trial on charges of obstruction of special official duties and abuse of authority at the Seoul Central District Court in Seocho-gu, Seoul, on September 26. Photo by Joint Press Corps
So far, the Marine Corps Special Prosecutor has managed to secure the custody of only one key suspect among those implicated in the allegations, effectively resulting in an investigation with almost no tangible results.
From the outset, many in the legal community believed that the issues at hand did not warrant a special prosecutor, and this has been borne out by recent developments. The Marine Corps Special Prosecutor's attempt to simultaneously detain several key suspects failed, with arrest warrants for five individuals, including former Defense Minister Lee Jongseop, being denied by the court.
In particular, the failure to secure the custody of former Defense Minister Lee, who was identified as the main figure in the "investigation interference allegations," is a significant setback. Former President Yoon is also facing the same charges as Lee. When the court denied Lee's arrest warrant, it stated, "While the basic facts have been established to some extent, there is room for legal debate regarding the main charges," which could fundamentally undermine the legitimacy of the Marine Corps Special Prosecutor's investigation.
Currently, the Marine Corps Special Prosecutor is coordinating with former President Yoon's legal team to schedule a summons for questioning. Yoon faces charges of abuse of authority and aiding and abetting a suspect in connection with allegations of interference in the investigation of the death of Private Chae and the alleged escape to Australia by former Defense Minister Lee Jongseop. The Marine Corps Special Prosecutor has stated that there are no plans to investigate Kim Keon-hee regarding the alleged lobbying to save former Marine Corps 1st Division Commander Lim Sungkeun.
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