Deputy Justice Minister Lee Yong-gu's 'Internal Investigation Closure' Controversy Continues... Police Shielded by Precedent

Cases of flexible application of the law exist
but police self-closure remains questionable
Civil groups file consecutive complaints... Will reinvestigation proceed?

Lee Yong-gu, the Deputy Minister of Justice, who is embroiled in controversy after the police closed the investigation into an incident where he assaulted a taxi driver during his time as a lawyer, is attending the Cabinet meeting held at the Government Seoul Office in Jongno-gu, Seoul, on the morning of the 22nd. Photo by Kang Jin-hyung aymsdream@

[Asia Economy reporters Lee Gwan-ju and Song Seung-yoon] Controversy is growing over the police decision to close the investigation without applying the Aggravated Punishment Act for Specific Crimes (Special Act) charge of assaulting a driver to Vice Minister of Justice Lee Yong-gu, who assaulted a taxi driver during the process of getting off the taxi. The police disclosed some court precedents, stating that it was difficult to apply the relevant legal provision. However, criticism continues that if the assault was confirmed and the Special Act could be applied, at least a formal investigation should have been initiated.

◆ Application of the Special Act depending on the situation = On the 22nd, the police disclosed some cases, citing court precedents that considered assault during a stop as not occurring "while driving." The key issue in Vice Minister Lee’s case is whether the timing of the assault can be regarded as "while driving." Unlike assault, which is a semi-consensual crime, the Special Act allows punishment regardless of agreement.

The Special Act regards even temporary stops for boarding or alighting as "while driving." However, courts have applied this provision flexibly depending on the situation. The Seoul Eastern District Court dismissed a prosecution applying the Special Act in a taxi driver assault case that occurred in December 2017, reasoning that since the taxi was stopped to pay the fare, "there was no risk of endangering public traffic safety and order." The Busan District Court Eastern Branch also did not hold the accused liable for assault that occurred in a parked taxi in June this year due to settlement. It can be seen that the courts exercised discretion by considering surrounding circumstances rather than strictly applying the legal text.

Members of the People Power Party belonging to the National Assembly's Public Administration and Security Committee hold a press conference on the 21st at the National Assembly Communication Office regarding the assault on a taxi driver by Lee Yong-gu, Deputy Minister of Justice. Photo by Yoon Dong-ju doso7@

◆ "At least an investigation should have been conducted"… Police’s 'weakness' hiding behind precedents = Even if the courts applied the provisions flexibly, questions remain about the police, as an investigative agency, closing the case based on this. Notably, many of the precedents disclosed by the police resulted in guilty verdicts under the Special Act. Only assaults occurring during stops were dismissed, while assaults occurring continuously during driving were subject to the Special Act. In Vice Minister Lee’s case, the taxi driver initially testified that "the neck was grabbed near the destination," indicating assault while driving, but later changed the statement to say it was during a stop. Since the taxi’s black box did not record the situation, evidence was unclear, so at least an investigation of Vice Minister Lee, the party involved, should have been conducted, but it was not. Attorney Kwon Kyung-ae of law firm Haemir said on her Facebook, "If the victim’s intention not to prosecute is confirmed in a semi-consensual crime, the case should be sent with a non-prosecution opinion for 'lack of prosecution rights,' not closed as an internal investigation."

◆ Will a reinvestigation take place?… Continued wave of accusations = The case in which civic groups Rule of Law Restoration Action Solidarity (Beopse-ryeon) and Judicial Exam Preparation Group (Sajunmo) accused Vice Minister Lee at the Supreme Prosecutors’ Office has been assigned to the Seoul Central District Prosecutors’ Office. If the prosecution finishes reviewing related records and returns the case to the police for investigation guidance, it would appear that the police will reinvestigate the case. The responsible prosecutor’s office has not yet been decided but is expected to be assigned by the afternoon. Beopse-ryeon has also accused members of the investigation team of dereliction of duty and abuse of authority. Sajunmo has filed a request with the National Police Agency to audit the decision to close the internal investigation. Other conservative civic groups such as the Liberty Solidarity have continued to file accusations against Vice Minister Lee, Seoul Metropolitan Police Agency Chief Jang Ha-yeon, and Seocho Police Station Chief, among others.

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