Lee Jae-yong Investigation Deliberation Committee Completes Selection of Current Affairs Members... Decision Expected on the 26th

Selection of 15 Committee Members from Legal, Academic, and Civic Sectors
Prosecution by Prosecutors Expected Regardless of Deliberation Results...Reapplication for Arrest Warrant Seems Difficult

On the 8th, Lee Jae-yong, Vice Chairman of Samsung Electronics, is entering the courtroom to attend the warrant hearing at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Choi Seok-jin] Fifteen current issue committee members who will deliberate on whether to indict or not at the Prosecution Investigation Deliberation Committee (Investigation Deliberation Committee), convened at the request of Samsung Electronics Vice Chairman Lee Jae-yong (52) and others, have been selected.

According to the legal community on the 23rd, the Supreme Prosecutors' Office selected experts from various fields such as the legal community, academia, and civic groups as current issue committee members for this case through a random draw in accordance with relevant regulations.

The Supreme Prosecutors' Office reportedly divided the investigation deliberation committee members into multiple pools in advance by field to prevent the current issue committee members from being concentrated in specific occupations or fields, and then randomly drew a certain number of current issue committee members from each area.

Therefore, it is known that former Supreme Court Justice Yang Chang-soo, who avoided the chairmanship for this case due to his friendship with former Samsung Future Strategy Office Chief Choi Ji-sung, who is also under investigation along with Vice Chairman Lee, had little involvement in the selection of current issue committee members.

The current issue committee is scheduled to be held early in the morning on the 26th. Especially, unlike the subcommittee that decided whether to refer the case to the investigation deliberation committee, this current issue committee is expected to take considerable time as it must discuss the various issues that the prosecution has investigated over the past one year and seven months. However, preparations are underway on the premise that a final conclusion will be reached on the day of the meeting, even if the discussion is prolonged.

The current issue committee will discuss whether it is appropriate to indict Vice Chairman Lee and others on charges such as unfair trading and market manipulation under the Capital Markets Act, and violations of the Act on External Audit of Stock Companies.

Discussions will also be held on the 'continuation of the investigation,' which Vice Chairman Lee and others requested for deliberation. On the other hand, since the convening was requested by the suspects including Vice Chairman Lee, the 're-request for an arrest warrant' is not subject to deliberation.

On the day of the meeting, committee members will first receive and review written opinions of up to 30 A4 pages submitted by the chief prosecutor and the applicants, listen to statements from both sides, and may ask questions if there are any doubts. Then, in a closed deliberation, if the committee members' opinions agree, a deliberation opinion document will be prepared based on the agreed opinion.

If the committee members' opinions differ, a resolution will be made by a majority vote of the attending members. Afterward, the deliberation opinion document will be prepared and a copy sent to the chief prosecutor, who must respect the deliberation opinion.

Meanwhile, in this case, since the investigation team has already requested an arrest warrant for Vice Chairman Lee and others, even if the investigation deliberation committee issues a 'non-prosecution opinion,' the prevailing view is that the prosecution will risk criticism of 'excessive prosecution' and bring Vice Chairman Lee and others to trial.

However, considering that this system was introduced by the prosecution itself as a reform measure to hear opinions from external experts, and the regulation that prosecutors must respect the opinions of the investigation deliberation committee, it is expected to be difficult to re-request an arrest warrant for Vice Chairman Lee and others when a 'non-prosecution opinion' has been issued.

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