Prosecutor General Yoon Seok-yeol's 'Unconditional GO' Style Again?…Attention on Whether He Will Follow the Investigation Deliberation Committee's Conclusion

Likely to struggle choosing among three options
Overwhelming majority of participating committee members favor 'non-prosecution', causing concern
Worries about distortion of prosecutor's exclusive right to indict

Yoon Seok-yeol, Prosecutor General. [Photo by Yonhap News]

[Asia Economy Reporter Choi Seok-jin] Following the decision by the Prosecutorial Investigation Deliberation Committee (PIDC) to recommend 'suspension of investigation and non-prosecution' regarding allegations including Lee Jae-yong, Vice Chairman of Samsung Electronics (52), violating the Capital Markets Act, attention is focused on the next move of the Yoon Seok-yeol administration's prosecution.

Before the PIDC meeting, the prevailing view was that 'regardless of the outcome, the prosecution would indict.' However, once it was revealed that an overwhelming majority of the committee members expressed the opinion that 'the crime is not established,' the view that 'the prosecution will find it difficult to proceed with indictment' has gained traction.

Over the past weekend, no meetings were held at the Supreme Prosecutors' Office or the Seoul Central District Prosecutors' Office regarding the 'recommendation for suspension of investigation and non-prosecution' decision concerning Vice Chairman Lee and others.

The strong and dominant opinion (10 to 3 vote) issued on Friday afternoon, stronger than public expectations, indicates the internal shock within the prosecution. After regrouping, the prosecution began to move again on the 29th.

That morning, Lee Sung-yoon, head of the Central District Prosecutors' Office, and deputy prosecutors reportedly gathered to discuss whether to follow the PIDC's opinion. Once the Central District Prosecutors' Office's stance is finalized, Lee will meet Prosecutor General Yoon Seok-yeol to report, after which Yoon will make the final decision.

Although the two leadership teams meet weekly on Wednesdays for regular reports, considering the importance and urgency of the matter, there is a considerable possibility that a separate face-to-face briefing will be arranged before then.

◆ Three options before Yoon = The scenarios that Prosecutor General Yoon might consider can be roughly summarized into three.

First, ignoring the PIDC's opinion and proceeding with indictment. Supporters of this view point to the fact that Yoon has been involved in the investigation since the special prosecutor team era, that arrest warrants were requested for Vice Chairman Lee and others, and above all, Yoon's personal style.

In this case, the justification Yoon might present is the court's reason for dismissing the arrest warrants for Lee and others, stating that "it is appropriate to determine the responsibility and degree of the suspects during the trial process."

Another option is to respect the PIDC's decision to 'suspend investigation' for Vice Chairman Lee and not prosecute him, while indicting former Samsung Future Strategy Office chief Choi Ji-sung and former strategy team leader Kim Jong-jung only.

This is a compromise that respects the PIDC's opinion as much as possible while maintaining minimal face for the prosecution. However, in this case, it would mean overturning the investigation's conclusion that Lee led a series of crimes, which might be a difficult choice for Yoon to accept readily.

Considering the internal atmosphere of the prosecution, Yoon's style, and all circumstances, the least likely option is to issue a blanket non-prosecution for all three. This would be tantamount to admitting that the intense investigation conducted over more than a year was 'excessive.'

However, the fact that 10 out of 13 committee members (77%) voted for 'suspension of investigation and non-prosecution,' the public opinion influenced by this, and strong political pressure have led to speculation that Yoon may find it difficult to maintain his usual style.

Former Seoul Bar Association President Kim Han-gyu pointed out, "Can you persuade the court to convict with charges that even the general public cannot be convinced of?"

◆ Voices within the prosecution expressing concerns about 'abuse of the PIDC' = Concerns have also been raised within the prosecution about the PIDC, a system not well known to the public until now, emerging as a key decision-making body in important matters.

The PIDC was originally created to resolve distrust in prosecution investigations, but there is a risk it could be distorted into a 'prosecutorial grand jury system.'

A current chief prosecutor A said, "It is questionable whether about ten ordinary citizens can judge guilt or innocence in just a few hours regarding complex criminal charges that even the prosecution is divided on," adding, "If this continues, in cases of complex white-collar crimes, anyone might rush to request a PIDC meeting, claiming problems with the prosecution's investigation."

He also said, "This seems contrary to the purpose of the Criminal Procedure Act, which does not adopt a grand jury system and allows only prosecutors to decide whether to indict."

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