8 Months of Investigation into Son's Favoritism Allegations... Chu Mi-ae Still 'Accused'

Investigation of Suspicion Stalls and Evidence to Prove Charges Not Secured
Legal Circles Say "Criminal Punishment Difficult"

Minister of Justice Choo Mi-ae / Photo by Dongju Yoon doso7@

[Asia Economy Reporter Seongpil Cho] It was reported on the 8th that the prosecution has maintained Minister of Justice Choo Mi-ae's status as a 'reported person' even after eight months since the investigation began. Although the investigation into allegations of Minister Choo's son’s failure to return from military leave has been sluggish, the dominant analysis is that concrete evidence to prove the charges has not been secured. In the legal community, there are also views that it is difficult to criminally punish Minister Choo under charges such as obstruction of official duties by deception or abuse of authority. Minister Choo stated, "I will not receive reports on the prosecution's investigation." It is interpreted that she will not intervene in the investigation but intends to continue her efforts to complete prosecution reform and will not yield to political pressure for resignation.

According to a comprehensive report by Asia Economy on the day, the Criminal Division 1 of the Seoul Eastern District Prosecutors' Office (Chief Prosecutor Kim Deok-gon), which has been investigating this case, is said to have maintained the status of Minister Choo, her son Seo, and aides involved in the case as reported persons rather than suspects. To change their status to suspects, acknowledgment of charges is necessary. It appears that the prosecution has not secured evidence to prove specific criminal charges against Minister Choo and others during the eight months since the case was received. Meanwhile, suspicions have arisen regarding the fairness of the investigation team as allegations surfaced that the prosecution omitted from the records the testimony of a military official who said they received contact from Minister Choo’s aide.

As the controversy spread, the prosecution has belatedly accelerated the investigation by increasing the number of prosecutors from one to three. Former investigation team members suspected of omitting testimony records are also being summoned for reinvestigation of the circumstances. However, difficulties are expected in securing physical evidence to support the charges. Important clues that could resolve the case, such as Seo’s hospitalization confirmation and medical records, are no longer available. The KATUSA (Korean Augmentation To the United States Army), where Seo served, retains leave documents for only one year according to U.S. Army regulations in Korea. Seo took his first sick leave from June 5 to 14, 2017, and a second sick leave on June 15 and 23. The Ministry of National Defense has stated that it currently does not hold medical records such as hospitalization confirmations to support this.

Seoul Eastern District Prosecutors' Office investigating the allegation of the Ministry of Justice Minister Choo Mi-ae's son's failure to return from military leave

The key issues in this investigation are whether Seo’s leave was processed according to procedures and whether Minister Choo’s aide at the time made phone calls to the unit to exert various external pressures. However, Seo’s leave orders are known to have been legitimately approved by the commanding officer. The claim that Minister Choo’s side exerted external pressure by calling to request an extension of the leave is also seen as highly disputable in the future, making it difficult to apply charges, according to legal experts. A lawyer in Seocho-dong said, "Even if it is true that Minister Choo’s side called the unit, requesting an extension of leave does not fall under official authority, so it is difficult to apply charges such as abuse of authority or deception. Rather, the unit officials could be subject to punishment."

Separately from this controversy, Minister Choo is accelerating practical work for prosecution reform, including the enforcement decrees of the Criminal Procedure Act and the Prosecutors' Office Act following the adjustment of investigative authority between the police and prosecution. Yesterday, she announced the formation of the 'Ministry of Justice Investigation Authority Reform Implementation Preparation TF.' Led by Prosecutor General Shim Jae-cheol, the TF plans to complete the enactment and revision of follow-up laws related to the enforcement of investigative authority reform laws, reorganize the prosecution work system and organization reflecting changes in the criminal justice system, and promote human rights-centered innovation in investigative procedures.

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