Kim Jin-wook Holds Back on 'Kim Hak-ui Case'... Investigation Team Leader Directly Refutes

[Asia Economy Reporter Baek Kyunghwan] Kim Jin-wook, head of the High-ranking Officials' Crime Investigation Unit (PCC), remained tight-lipped about the controversy that arose during the process of re-transferring the case of former Deputy Minister of Justice Kim Hak-ui to the prosecution.

On the 15th, on his way to the Government Complex Gwacheon, Kim said in response to reporters' questions about the appropriateness of requesting the Suwon District Prosecutors' Office to investigate and then transfer the case, "As stated in the statement released yesterday."

Earlier, the PCC issued a statement the previous day saying, "Only the investigation part has been transferred to the prosecution, and the prosecution part remains under the jurisdiction of the PCC," adding, "This was done considering the current reality where it is difficult for the PCC to focus on the investigation, allowing the PCC to decide whether to prosecute."

Kim also said that his stance was the same as the previous day's statement in response to the question, "There is a view that this is excessively interpreted as monopolizing the prosecution by prosecutors." However, when asked, "How would you respond if the prosecution forcibly prosecutes those involved in the Kim Hak-ui case?" he said, "It is difficult to answer hypothetically in advance."

Currently, voices opposing the PCC's measures are increasing within the prosecution. Lee Jung-seop, head of the Criminal Division 3 of the Suwon District Prosecutors' Office, which is handling the former deputy minister's case, directly refuted the PCC's demand for 'transfer' on the same day. This was in response to the PCC's re-transfer of the Kim Hak-ui case to the Suwon District Prosecutors' Office, accompanied by an official letter requesting, "Since this is a case subject to prosecution by the PCC, please transfer it after investigation," which Lee criticized as "an unheard-of, absurd logic."

After reviewing the provision in the official letter sent by the PCC stating, "This case falls under Article 3, Paragraph 1, Subparagraph 2 of the PCC Act, so it is a case subject to prosecution by the PCC. Therefore, please transfer it so that the PCC can decide whether to prosecute after completing the investigation," Lee expressed the view that "when the PCC transfers a case to another investigative agency, it is natural to consider that the PCC no longer has the authority to be involved in that case."

The PCC claims that it only transferred the 'investigative authority' to the prosecution and not the 'prosecutorial authority,' but since the subject of transfer is the 'case' and the receiving agency handles the case by exercising the authority it holds, the concept of transferring authority is difficult to assume. Ultimately, Lee stated that when the PCC receives a case transferred from another investigative agency under the PCC Act, the other agency no longer has the authority to be involved in the case, and the same applies to the PCC. He referred to this as "exercising investigative command authority without legal grounds."

Regarding whether it is lawful for the PCC to re-transfer a case that has already been re-transferred, Lee said, "Since there is no restriction under the PCC Act, there is room to argue that a re-transferred case can be requested for re-retransfer based on Article 24, Paragraph 3 and Paragraph 1 of the same Act, but this is like 'ping-ponging' cases between investigative agencies." He also expressed concerns about potential problems such as delays in case handling, infringement of the rights of investigation subjects, and controversies over unfair investigations.

Lee pointed out, "Requesting a re-retransfer of a re-transferred case is highly likely to be an illegal administrative act involving abuse or deviation of discretionary power."

Meanwhile, the investigation team plans to conduct additional investigations since the case has come back, regardless of the actions taken by the Ministry of Justice and the PCC. They plan to summon Lee Gyu-won, who has already been investigated on suspicion of entering a false case number in the emergency travel ban request for former Deputy Minister Kim, as well as Cha Gyu-geun, head of the Immigration and Foreign Policy Bureau of the Ministry of Justice, who is suspected of approving illegal measures despite knowing about them. Additionally, they will request the appearance of Lee Sung-yoon, head of the Seoul Central District Prosecutors' Office, to verify whether he was involved in the process of the Suwon District Prosecutors' Office Anyang Branch halting the investigation at that time.

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