Prosecutors Face Difficulties Applying 'Organizing a Criminal Group' Charge in the Doctor's Room Case Despite Confrontation Investigation

Jo Joo-bin and Accomplice Public Official Meet in Person on Weekend
Focus on Command Structure and Profit Distribution

Prosecutor General Yoon Seok-yeol Orders Review of Investigation Records
Concerns Raised About Cooperation with the Supreme Prosecutors' Office

[Image source=Yonhap News]

[Asia Economy reporters Seongpil Jo and Hyungmin Kim] On the 6th, it was reported that the prosecution is facing difficulties in applying the 'crime syndicate organization charge' that will determine the direction of the investigation into the Telegram 'Baksa Room' case. This is because Jo Joo-bin (24, detained) and his accomplices deny their conspiracy relationship, making it difficult to prove that it is a criminal organization. There are also concerns that the lack of smooth cooperation between the Seoul Central District Prosecutors' Office and the Supreme Prosecutors' Office could have an impact.

The Digital Sex Crime Special Investigation Task Force of the Seoul Central District Prosecutors' Office (led by Chief Prosecutor Hyunjung Yoo) summoned and investigated Jo and Cheon Mo (29), an 8th-grade public official from Geoje City suspected of co-running the Baksa Room with Jo, for two consecutive days on the weekend of the 4th and 5th. The investigation team also conducted a confrontation investigation between the two. The prosecution continued summoning and investigating Jo and his accomplices from the morning of that day.

During the weekend confrontation investigation, the prosecution is known to have focused on pressing questions about the operational system of the Baksa Room and the details of the conspiracy. In particular, to apply the crime syndicate organization charge, they closely examined the command structure and profit distribution system between Jo and his accomplices. Jo’s side reportedly stated during the prosecution investigation that "they did not know the faces or real names of the accomplices and participated in the Telegram room for their own interests," and "they did not divide roles but sent errands to whoever was needed at the time." This is interpreted as an attempt to avoid the application of the crime syndicate organization charge.

Besides Cheon, the prosecution is summoning and investigating Kang Mo (24) and Han Mo (27), social service agents from Yeongtong District Office in Suwon, who have shown signs of conspiracy. 'Taepyeongyang' Lee Mo (16), known as Jo’s successor, is also scheduled to be summoned within this week.

The prosecution is focusing on applying the crime syndicate organization charge because of sentencing reasons. Unlike other sex crime charges that carry relatively lighter penalties, if the crime syndicate organization charge is applied, punishment can be imposed according to the statutory penalties set for the intended crimes, including life imprisonment. According to Supreme Court precedents, four conditions are required to establish the crime syndicate organization charge: ▲multiple members ▲common purpose ▲temporal continuity ▲minimum command system. However, since Jo and others are particularly using a strategy of denying the command system, it is difficult for the prosecution to apply this law without securing concrete physical evidence to prove it.

Meanwhile, there are also calls for urgent cooperation between the Supreme Prosecutors' Office and the Central District Prosecutors' Office investigation teams to apply the crime syndicate organization charge. Previously, Prosecutor General Yoon Seok-yeol instructed senior officials at the Supreme Prosecutors' Office to "read and review even the interrogation records of suspects in the Nth Room case." The prosecution explained this as an "instruction to establish a response policy at the Supreme Prosecutors' Office level," but outside the prosecution, there is speculation that this instruction arose because Yoon and the Supreme Prosecutors' Office were not properly receiving reports related to the case from the Central District Prosecutors' Office.

A legal community official said, "Usually, local offices report investigations to the Supreme Prosecutors' Office and receive instructions, and the Prosecutor General issues directives to encourage investigations, but this time the situation is flowing somewhat differently," adding, "There must be some special circumstances between the Supreme Prosecutors' Office and the Central District Prosecutors' Office."

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