Prosecutors Assign Traffic Crime Division to Vice Minister Lee Yong-gu's Complaint Case... Will Prosecutors Conduct Direct Investigation?

Lee Yong-gu, the Deputy Minister of Justice, who has been 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 a 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 Reporter Choi Seok-jin] The case of Lee Yong-gu, Vice Minister of Justice, who assaulted a taxi driver while intoxicated, has been assigned to the prosecution department specializing in traffic crime investigations.

With the upcoming enforcement of the amended Criminal Procedure Act and amended Prosecutors' Office Act reflecting the adjustment of investigative authority between the prosecution and police starting January next year, attention is focused on whether Seoul Central District Prosecutor Lee Sung-yoon will directly order the prosecution to investigate the case or hand it over to the police.

On the 23rd, Seoul Central District Prosecutors' Office assigned the case, in which the Action Alliance for the Restoration of the Rule of Law (Beopse-ryeon) and the Judicial Examination Preparation Group accused Vice Minister Lee of violating the Act on the Aggravated Punishment of Specific Crimes (Special Act), to the Criminal Division 5 (head prosecutor Lee Dong-eon), a department specializing in traffic crimes.

A prosecution official stated, "Seoul Central District Prosecutors' Office assigned two cases of complaints against the Vice Minister of Justice, transferred from the Supreme Prosecutors' Office, today to the Criminal Division 5 (Traffic Crime Division)."

He added, "The future investigation plan, including whether to conduct a direct investigation or supervise police investigations, will be reviewed by the assigned department."

Chief Prosecutor Lee Sung-yoon to Decide Whether to Reassign Investigation to Police Who Closed Preliminary Inquiry... Investigation Supervision Abolished from January

According to the adjustment of investigative authority between the prosecution and police, cases currently under prosecution supervision until the end of this year are scheduled to be uniformly transferred to the police as of January 1 next year.

In other words, if Seoul Central District Prosecutors' Office decides not to directly investigate the case in which Vice Minister Lee was accused of violating the Special Act but instead hands it over to the police for investigation supervision, the amended law will take effect a few days later, abolishing the prosecution's supervision authority, and the case will be fully transferred to the police.

Unlike in the past when the police were supervised by the prosecution, prosecutors will no longer have the authority to direct, supervise, or intervene during the investigation process. After the police complete the investigation and send the case to the prosecution with a recommendation to indict, the prosecution will decide whether to prosecute. However, if the police decide not to prosecute, the prosecution can only decide whether to request reinvestigation upon the complainant's objection after receiving the non-prosecution record.

Since the police did not even register Vice Minister Lee as a suspect earlier, causing controversy, if the police independently reinvestigate the case, it is highly likely they will conclude that the previous preliminary inquiry closure was appropriate.

About 20 days before his appointment as Vice Minister of Justice, on the afternoon of the 6th of last month, Vice Minister Lee assaulted a taxi driver who tried to wake him up while he was intoxicated in front of his apartment in Seocho-gu, but he was not registered as a suspect, sparking controversy.

Seoul Seocho Police Station stated that they applied the charge of assault under the Criminal Act, which is a crime that cannot be prosecuted against the victim's will (non-prosecution upon victim's request), and closed the preliminary inquiry because the taxi driver submitted a letter of withdrawal of complaint. However, since the case should have been charged under the Special Act, which imposes heavier penalties for assaulting a driver of a vehicle in operation, it was pointed out that the case should have been registered regardless of the victim's intention, raising suspicions of a lenient investigation.

In particular, controversy grew when it was revealed that the Constitutional Court decision cited by the police as the basis for closing the preliminary inquiry was a case before the 2015 amendment of the Act on the Aggravated Punishment of Specific Crimes.

As the situation worsened, the police announced on the 20th, "We will conduct a thorough review of precedents, focusing on legal professionals within the Seoul Metropolitan Police Agency, current lawyers, and senior officers handling this case," and actually presented multiple precedents as grounds.

Vice Minister Lee Apologized... But Police Responded That There Is No Problem with Preliminary Inquiry Closure

On the 21st, Vice Minister Lee apologized in a statement sent to reporters, saying, "I deeply apologize for causing concern to the public due to a personal matter. I also apologize once again to the taxi driver," but he also expressed a response implying there is no legal problem, stating, "I believe the police will review the matter and clarify the facts."

Meanwhile, the case in which Beopse-ryeon requested the Supreme Prosecutors' Office to investigate the police for dereliction of duty for closing the preliminary inquiry against Vice Minister Lee has not yet been assigned. If the prosecution investigates the police's investigation process amid the sensitive period before the adjustment of investigative authority between the prosecution and police, a sharp confrontation between the two agencies is expected.

The pre-amendment Article 5-10 Paragraph 1 of the Special Act, which includes provisions for aggravated punishment for assaulting drivers, stipulated that "Anyone who assaults or threatens a driver of a vehicle in operation shall be punished by imprisonment for up to five years or a fine of up to 20 million won."

However, after the 2015 amendment, the provision was changed to "Anyone who assaults or threatens a driver of a vehicle in operation (including cases where the driver temporarily stops the vehicle for passenger boarding or alighting as defined in Article 2 Paragraph 3 of the Passenger Transport Service Act)" shall be punished by imprisonment for up to five years or a fine of up to 20 million won," adding aggravated punishment for assault during stops for passenger boarding or alighting.

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