Prosecutors Give Im Mi-ri, Who Wrote 'Except for the Democratic Party' Column, a 'Suspended Prosecution'... Constitutional Court Constitutional Complaint Possible

Former Prosecutor Kim Woong, Member of Parliament: "Alice in a Strange Country"

Screenshot of Kim Woong, People Power Party member's Facebook.

[Asia Economy Reporter Choi Seok-jin] The prosecution issued a non-prosecution disposition with suspension against Professor Im Miri, a research professor at Korea University, who wrote a column titled "Except for the Democratic Party" in the Kyunghyang Shinmun last January, criticizing the Democratic Party and urging people to "vote except for the Democratic Party."

Kim Woong, a member of the People Power Party and former prosecutor, shared an article from JoongAng Ilbo that first reported this fact on his Facebook, writing, "A strange Alice in Wonderland," and "We are living in a mirror where right and wrong are reversed."

According to the legal community on the 19th, the Seoul Southern District Prosecutors' Office, which investigated the case against Professor Im, recently ruled "no charges" on the allegation of violating the pre-election campaign period under the Public Official Election Act, and issued a "non-prosecution with suspension" disposition on the charge of encouraging voting participation.

The non-prosecution with suspension disposition is different from other non-prosecution decisions such as "not guilty" or "no suspicion," as it acknowledges the criminal charge but the prosecution decides not to indict.

Therefore, a suspect who claims innocence can file a constitutional complaint with the Constitutional Court against the prosecutor's non-prosecution with suspension disposition, citing violations of equality rights and the pursuit of happiness, and if the basic rights violation is recognized, the Constitutional Court can cancel the prosecutor's disposition.

The column, written by Professor Im, who is progressive and had supported President Moon Jae-in, sharply criticized the Democratic Party by mentioning cases such as Minister of Justice Choo Mi-ae and Seoul Central District Prosecutor Lee Sung-yoon, causing a significant stir in the progressive-leaning Kyunghyang Shinmun.

Subsequently, the Democratic Party filed a complaint against Professor Im but withdrew it amid strong public criticism.

However, the prosecution reportedly continued the investigation because the alleged violation of the Public Official Election Act is not a complaint-based crime requiring the victim's complaint for prosecution, nor a semi-complaint crime that cannot be punished against the victim's explicit will, and because there was another complainant.

Professor Im, who recently received the disposition notice from the prosecution, is reportedly considering filing a constitutional complaint.

Meanwhile, on the same day, Kim Woong, a former prosecutor and current lawmaker, expressed his thoughts on the prosecution's non-prosecution with suspension disposition on his Facebook along with a link to the article containing this information.

He wrote, "Governor Lee Jae-myung is innocent, but Professor Im Miri is recognized as guilty?this is a strange Alice in Wonderland," implying that the guilt and innocence of the two have been reversed.

Kim added, "Chief Justice Kim Myung-soo gave a clean chit to Governor Lee Jae-myung, saying, 'If strict responsibility is uniformly imposed, it will be even more difficult to have active discussions due to fear of subsequent legal liability,'" and questioned, "Is freedom of expression only enjoyed by the Democratic Party? Or has prosecution reform been completed?"

He concluded by expressing dissatisfaction with the prosecution's disposition, saying, "We are living in a mirror where right and wrong are reversed."

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