Attention on the Prosecution Investigation Deliberation Committee... 'Referral Decision' Expected on the 11th

Lee Jae-yong, Vice Chairman of Samsung Electronics, who is under prosecution investigation for allegations of unfair succession of management rights related to the merger of the former Samsung C&T and Cheil Industries, as well as accounting fraud allegations involving Samsung Biologics, is entering the courtroom to attend the warrant hearing held at the Seoul Central District Court in Seocho-gu, Seoul, on the morning of the 8th. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Choi Seok-jin] As the arrest warrants requested by the prosecution for Vice Chairman Lee Jae-yong and others were dismissed on the 9th, attention is turning to the Prosecution Investigation Deliberation Committee (Investigation Deliberation Committee), which Samsung has requested to convene to "assess the validity of the indictment."

If the court had issued arrest warrants for Vice Chairman Lee and others, the deliberation opinions of the Investigation Deliberation Committee regarding the validity of the indictment would have been practically meaningless.

Even if the Investigation Deliberation Committee, composed of external experts, conveyed the opinion that "indictment is inappropriate" to the investigation team, the possibility that the prosecution would not indict a suspect already in custody is close to zero.

However, in the current situation where the arrest warrants have been dismissed, the deliberation opinions of the Investigation Deliberation Committee are expected to have a significant influence on the prosecution's final decision.

Seemingly aware of this, Samsung's legal team stated shortly after the dismissal of the arrest warrants early this morning, "We hope that through a strict review process in the upcoming prosecution investigation deliberation, the continuation of the investigation and the decision on indictment can be determined."

Meanwhile, the Investigation Deliberation Committee, established at the Supreme Prosecutors' Office, is a body where experts from various sectors of society appointed as members deliberate on cases that raise public suspicion or attract social attention regarding ▲whether to continue the investigation ▲whether to prosecute or dismiss charges ▲whether to request or re-request arrest warrants ▲and the appropriateness and legality of investigations in cases where prosecution or dismissal decisions have been made.

However, if the suspect requests the convening, the issue of requesting or re-requesting arrest warrants cannot be subject to deliberation.

If the suspect or their lawyer applies for the convening of the Investigation Deliberation Committee at the prosecution citizen committee of the jurisdictional prosecution office where the case investigation is underway, the prosecution citizen committee forms a sub-deliberation committee of 15 prosecution citizen members and deliberates whether to refer the case to the Investigation Deliberation Committee based on written opinions submitted by both the lead prosecutor and the suspect or other related parties.

The Seoul Central District Prosecutors' Office plans to hold the sub-deliberation committee on the 11th to discuss the agenda of referring Vice Chairman Lee's case to the Investigation Deliberation Committee.

The sub-deliberation committee deliberates on whether to refer the case to the Investigation Deliberation Committee based on written opinions submitted by both the lead prosecutor and the suspect or other related parties.

If the referral to the Investigation Deliberation Committee is approved by a majority of the attending sub-deliberation committee members in the non-public session, a request for convening the committee is sent to the Prosecutor General.

Given the current situation where the warrants were dismissed, the significance of the Investigation Deliberation Committee's opinion on indictment in this case has increased, making it more likely that the sub-deliberation committee will resolve to refer the case.

Once the referral to the Investigation Deliberation Committee is approved, the committee forms a current affairs committee of 15 members through random selection. More than 10 members deliberate on the matter and then prepare a deliberation opinion report on the results, which is sent to the lead prosecutor.

According to related guidelines regarding the effect of the deliberation, "the lead prosecutor must respect the deliberation opinions of the current affairs committee," so although it is not legally binding, the investigation team inevitably faces pressure when making decisions that contradict the Investigation Deliberation Committee's opinions.

Considering the reasons for the court's dismissal of the warrants, it seems unlikely that the prosecution will re-request warrants for Vice Chairman Lee and others after supplementing the investigation with additional evidence or testimony.

A prosecution official said, "If the referral to the Investigation Deliberation Committee is decided this week, the final judicial review will be conducted reflecting the results of the committee."

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