Acting Prosecutor General: "Decision Not to Appeal Daejang-dong Case Was Appropriate...It Was My Call" (Comprehensive)

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Regarding the controversy over the decision not to appeal the Daejang-dong case, on November 9, Norman Seok, Acting Prosecutor General (Judicial Research and Training Institute, 29th class), stated, "This was a decision made after careful consideration and consultation with the head of the Seoul Central District Prosecutors' Office, under my responsibility as Acting Prosecutor General."

Norman Seok, Acting Prosecutor General, is responding to lawmakers' questions at the 2025 National Assembly Inspection held on the 27th of last month at the Legislation and Judiciary Committee in Yeouido, Seoul. Photo by Kim Hyunmin

In a statement released that day, Acting Prosecutor General Seok said, "As with other major cases, I received reports from the local office and also referred to the Ministry of Justice's opinion regarding the Daejang-dong case." He added, "Taking into account the intent and details of the ruling, the criteria for appeal, and the overall progress of the case, I determined that it was appropriate not to file an appeal."

He continued, "I am well aware of the various opinions and concerns, but I ask all members of the organization to understand these circumstances. I would like to thank the frontline prosecutors who have worked hard to maintain the prosecution over a long period, and I also want to express my apologies and gratitude to Jung Jinwoo, head of the Seoul Central District Prosecutors' Office, who shared in the difficult deliberations until late hours."

Previously, in the first trial verdict for Yoo Donggyu, former head of planning at Seongnam Development Corporation, and private business operators including Kim Manbae, who were indicted on charges such as aggravated breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes, Yoo was sentenced to eight years in prison, a fine of 400 million won, and forfeiture of 810 million won.

Kim, the major shareholder of Hwacheon Daeyu, was sentenced to eight years in prison and forfeiture of 42.8 billion won. Nam Wook, the lawyer who designed and initiated the Daejang-dong development project, received a four-year prison sentence. Jung Younghak, an accountant who, together with Nam, designed and initiated the project and structured the profit distribution to favor private operators, was sentenced to five years in prison.

Jung Minyong, a junior lawyer to Nam who joined the corporation and worked as head of the investment business team in the strategic business office, was sentenced to six years in prison, a fine of 3.8 billion won, and forfeiture of 3.722 billion won for conspiring with Nam and other private operators to commit the crime. The court handed down heavier sentences to Yoo and Jung, who were associated with the corporation, than those requested by the prosecution. However, the court determined the charges as occupational breach of trust, not aggravated breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes as indicted by the prosecution, stating that it was impossible to accurately calculate the total loss from the development project.

Subsequently, the Seoul Central District Prosecutors' Office did not submit an appeal by the deadline of midnight on the 7th. Under criminal procedure, an appeal must be filed within seven days of the verdict if the party wishes to contest the judgment.

It was understood that the prosecution leadership, including the Supreme Prosecutors' Office, initially planned to appeal in accordance with standard practice, but after the Ministry of Justice expressed the view that an appeal was unnecessary, they decided not to proceed after further discussions. If the prosecution waives its right to appeal, under the principle of prohibition of unfavorable changes in criminal procedure law, the court cannot impose a heavier sentence than in the first trial. All five defendants, including Yoo and Kim, have filed appeals.

The investigation team immediately issued a statement protesting that they were unable to appeal due to unjust instructions from higher-ups. On November 8, the day after the prosecution's decision to forgo an appeal, Jung Jinwoo, head of the Seoul Central District Prosecutors' Office (29th class), tendered his resignation. It appears that Acting Prosecutor General Seok issued the unusual statement to explain the situation amid ongoing internal and external criticism.