'Sewol Ferry Investigation Obstruction' Jo Yoon-sun and Lee Byung-gi Acquitted in 2nd Trial... 1st Trial Overturned (Comprehensive)

Insufficient Requirements for Establishing 'Abuse of Authority' under Criminal Law
All Four Except Former Vice Minister Yoon Hak-bae Acquitted

Former Blue House Senior Secretary for Political Affairs Cho Yoon-sun (left) and former Presidential Chief of Staff Lee Byung-gi, who were indicted on charges of obstructing the activities of the Sewol Special Investigation Commission, are attending the appellate sentencing trial held on the afternoon of the 17th at the Seoul High Court in Seocho-gu, Seoul.
[Image source=Yonhap News]

[Asia Economy reporters Seongpil Jo and Juni Park] Former Blue House Senior Secretary for Political Affairs Cho Yoon-sun and former Presidential Chief of Staff Lee Byung-gi, who were indicted on charges of obstructing the establishment and activities of the Sewol Ferry Special Investigation Committee, were acquitted in the appellate court.

The Seoul High Court Criminal Division 13 (Presiding Judges Gu Hoe-geun, Lee Jun-young, Choi Seong-bo) overturned the original verdict that found former Senior Secretary Cho, former Chief of Staff Lee, and former Minister of Oceans and Fisheries Kim Young-seok guilty of abuse of authority and obstruction of rights at the appellate sentencing hearing held at 2 p.m. on the 17th, and acquitted them. The court upheld the first trial's not guilty verdict for former Blue House Senior Secretary for Economic Affairs Ahn Jong-beom. However, former Vice Minister of Oceans and Fisheries Yoon Hak-bae was sentenced to six months in prison with a two-year probation.

The court stated, "The appeal regarding the guilty parts, except for the criminal facts recognized as guilty for former Vice Minister Yoon, is accepted, but the prosecutor's appeal is not accepted."

The court acknowledged that former Senior Secretary Cho and others generally abused their authority. However, except for former Vice Minister Yoon, it ruled that the acts did not meet the requirement of causing the other party to perform an unnecessary duty, which is essential for the crime of abuse of authority, and thus did not constitute a crime.

The court explained, "The parts of the indictment recognized as guilty are limited to former Vice Minister Yoon having dispatched personnel to the Sewol Special Investigation Committee’s preparatory team to gather internal information or prepare daily situation reports and documents. The rest cannot be considered crimes under the legal theory of abuse of authority."

Furthermore, the court noted that the party abusing authority and the party whose rights are obstructed must be the same person. It found that former Minister Kim obstructed the rights of the Special Investigation Committee by ordering the return of officials belonging to the Ministry of Oceans and Fisheries, thus the parties were different.

The court stated, "Even if other conditions are met, it is difficult to recognize the intent of abuse of authority in the process of former Minister Kim’s order for the collective return of dispatched officials." Nevertheless, it judged that "the committee’s failure to produce clear results and its termination of activities were due to various obstructions and non-cooperation from the Blue House, the Ministry of Oceans and Fisheries, and the ruling party at that time."

Former Senior Secretary Cho was prosecuted for instructing Ministry of Oceans and Fisheries officials from January to May 2015 to establish a comprehensive response system to preemptively block the Special Investigation Committee from making decisions unfavorable to the government and ruling party. Former Chief of Staff Lee and former Senior Secretary Ahn were accused of planning and directing actions to prevent the committee from investigating former President Park Geun-hye’s whereabouts during the seven hours on the day of the disaster.

Under the Criminal Act, the crime of abuse of authority stipulates that "if a public official abuses authority to cause the other party to perform an unnecessary duty or obstruct the exercise of rights, they shall be punished by imprisonment of up to five years, suspension of qualifications for up to ten years, or a fine of up to 10 million won." The first trial found former Senior Secretary Cho and others guilty, ruling that they abused authority by making officials from the Blue House Secretariat and the Ministry of Oceans and Fisheries prepare unnecessary reports.

Former Senior Secretary Cho and former Chief of Staff Lee were each sentenced to one year in prison with two years of probation. Former Minister Kim received a two-year prison sentence with three years of probation, former Vice Minister Yoon was sentenced to one year and six months in prison with two years of probation, and former Senior Secretary Ahn was acquitted.

After the appellate sentencing, former Chief of Staff Lee said, "I would like to once again express my condolences to the families of the Sewol victims." Former Minister Kim stated, "It took three years until the second trial verdict. I will carry this eternal debt in my heart."

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