After Lee Jae-yong Requests Investigation Review Committee, Arrest Warrant Filed... Prosecution's 'Strong Move'

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Just two days after Lee Jae-yong, Vice Chairman of Samsung Electronics, requested the convening of the Prosecutors' Investigation Deliberation Committee, the prosecution filed an arrest warrant for him, drawing attention to the background and outcome of this move.

There is growing analysis that the prosecution took a strong stance by filing the arrest warrant in direct response to the request for convening the Investigation Deliberation Committee.

The Economic Crime Criminal Division of the Seoul Central District Prosecutors' Office (Chief Prosecutor Lee Bok-hyun), investigating allegations surrounding the merger of Samsung C&T and Cheil Industries and the succession of Samsung's management rights, submitted an arrest warrant request to the court on the morning of the 4th for Vice Chairman Lee, former Samsung Future Strategy Office Chief Choi Ji-sung (69, Vice Chairman), and former Future Strategy Office Strategy Team Leader Kim Jong-joong (64, President).

This arrest warrant was filed at a time when the Investigation Deliberation Committee had not yet been formed, following Vice Chairman Lee's side submitting a request to the Seoul Central District Prosecutors' Office on the 2nd to have the Prosecutors' Citizen Committee assess the appropriateness of continuing the investigation and prosecution in this case.

The legal community has responded by calling this move "unprecedented."

Typically, until the Investigation Deliberation Committee completes its discussions, the prosecution refrains from independently filing arrest warrants or making prosecution decisions, but a different decision was made regarding Vice Chairman Lee. However, the operational guidelines for the Prosecutors' Investigation Deliberation Committee do not include any provisions that restrict the prosecution from filing arrest warrants during the committee's deliberation.

Since the introduction of the Investigation Deliberation Committee in 2018, among the nine cases where requests have been made over two years, this is reportedly the first time the prosecution has filed an arrest warrant while the deliberation process was still underway.

The prosecution is known to have established a policy to continue the current investigation separately from the deliberation process.

A prosecution official stated, "Separately from the investigation, as some suspects have requested the convening of the Prosecutors' Investigation Deliberation Committee to review the appropriateness of prosecution, the Seoul Central District Prosecutors' Office is proceeding with necessary procedures such as forming the sub-committee in accordance with regulations."

Vice Chairman Lee is expected to soon appear in court for a pre-arrest detention hearing (warrant substantive examination). If the court, which will decide on his detention, issues a ruling that contradicts the decision of the Prosecutors' Investigation Deliberation Committee, which is set to discuss the legitimacy of the investigation, it is expected to cause significant controversy in both legal and business circles.

The Prosecutors' Investigation Deliberation Committee is scheduled to convene soon for deliberation, and since issues such as Samsung Biologics' accounting fraud related to this case are highly divisive among legal and business communities, there is also a possibility that the arrest warrant could be dismissed. The court carefully examines the risk of evidence destruction and whether there is room to dispute the charges during the pre-arrest detention hearing.

Meanwhile, the prosecution has applied charges against Vice Chairman Lee and others for violations of the Capital Markets Act related to unfair trading and market manipulation, as well as violations of the Act on External Audit of Stock Companies. Former President Kim has been additionally charged with perjury.

Vice Chairman Lee appeared twice last week for intense investigations lasting over 17 hours each time. During the investigation, he reportedly completely denied the charges, stating that he "was never informed of or directed any decisions related to the merger."

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