Investigation Team Reinforced Over 'Election Interference Allegations'... Variable in Hwang Unha's Prosecution Maintenance

No Investigation or Indictment of Former Chief Hwang
Difficulty Expected in Proving Charges of Abuse of Power and Violation of Public Official Election Act

Investigation Team Expanded to 14 Members
Support from Former Deputy Chief Shin Bong-su

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The recent expansion of personnel in the Public Investigation Division 2 (led by Chief Prosecutor Kim Tae-eun) of the Seoul Central District Prosecutors' Office, which is investigating allegations of election interference in the Ulsan mayoral race, is interpreted as a measure to maintain the prosecution. Although 13 individuals, including Ulsan Mayor Song Cheol-ho, have been indicted, the process of maintaining the prosecution faces various uncertainties. In particular, former Ulsan Police Chief Hwang Un-ha was indicted without any prior investigation, leading to widespread speculation that proving the charges will be difficult.

According to the prosecution on the 5th, the Seoul Central District Prosecutors' Office recently increased the number of prosecutors in Public Investigation Division 2 from 11 to 14. Deputy Chief Prosecutor Kim Chang-soo from the Criminal Division 8, which specializes in construction and real estate crimes, was additionally assigned, increasing the number of deputy chiefs to two. Two prosecutors from the now-defunct Public Investigation Division 3 also joined. These prosecutors are expected to focus on maintaining the prosecution alongside the existing investigation team.

Earlier, on the 29th of last month, the Public Investigation Division 2 of the Seoul Central District Prosecutors' Office indicted 13 suspects in the election interference case, including former Chief Hwang. The charges listed in the indictment include abuse of authority and violation of the Public Official Election Act. However, former Chief Hwang was indicted without any investigation, raising concerns about maintaining the prosecution.

In September of last year, the prosecution also indicted Professor Jeong Gyeong-shim of Dongyang University on charges of forgery of a certificate without investigation, which led to difficulties in court. After indictment, they applied to amend the indictment based on facts uncovered during the investigation, but the request was denied. The prosecution subsequently filed additional charges based on the amended facts, but the case became embroiled in controversy over double prosecution, effectively stalling the trial.

The abuse of authority charge, the only one applied to former Chief Hwang, is also considered a variable in maintaining the prosecution. This is due to a Supreme Court plenary session ruling last month that set the standard for abuse of authority charges. The plenary session ruled that the crime is not established simply by a public official abusing their authority, but requires that the person be compelled to perform an act they are not obligated to do. However, the prosecution applied this charge to former Chief Hwang on the grounds that his personnel actions against police officers who were lukewarm in investigating corruption allegations involving former Ulsan Mayor Kim Gi-hyeon’s associates in 2017 were potentially illegal. This means the essential element of "compelling a person to perform an act they are not obligated to do" is missing.

The prosecution plans to focus on proving the charges based on the evidence collected so far. Additionally, the existing investigation team, including former Seoul Central District Prosecutors' Office Deputy Chief Shin Bong-soo (currently head of the Pyeongtaek branch), who was transferred to a local office, is expected to be involved in the trial. In particular, Deputy Chief Shin, who led the investigation, is reported to have taken on the role of directing the trial team by devising trial strategies and reviewing briefs. Typically, criminal cases divide responsibilities between the investigating prosecutor, who handles the indictment phase, and the trial prosecutor, who manages the court proceedings. However, in important cases, the investigating prosecutor may directly handle the trial. In the courtroom during Professor Jeong’s case, it was the investigation team prosecutors, including former Anti-Corruption Investigation Division 2 Chief Ko Hyung-gon of the Seoul Central District Prosecutors' Office, who confronted the court.

This content was produced with the assistance of AI translation services.