Acting Prosecutor General Jo Nam-gwan and Prosecutor Lee Seong-yoon Decide to Hold 'Investigation Deliberation Committee'... Timing Under Close Watch

Interest in Whether It Will Be Held Before the Prosecutor General Candidate Recommendation Committee on the 29th
The Expert Investigation Advisory Panel Decides Not to Convene

On January 13 last year, Lee Seong-yoon, Chief Prosecutor of the Seoul Central District Prosecutors' Office, is greeting at the inauguration ceremony held at the Central Prosecutors' Office building in Seocho-gu, Seoul. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Choi Seok-jin] The Prosecutorial Investigation Deliberation Committee (hereinafter referred to as the Investigation Deliberation Committee) will be held regarding the allegations of 'investigation interference' involving Lee Seong-yoon, Chief Prosecutor of the Seoul Central District Prosecutors' Office.

With the Prosecutor General Candidate Recommendation Committee (hereinafter referred to as the Recommendation Committee) scheduled for next week to recommend the next Prosecutor General candidate, the timing of the Investigation Deliberation Committee for Chief Prosecutor Lee, a leading candidate, and the outcome of the committee have become the final variables in the selection of the next Prosecutor General.

On the 23rd, the Supreme Prosecutors' Office announced, "Today (23rd), considering the suspect's status, public interest, and urgency of the matter regarding the 'Seoul Central District Prosecutors' Office Chief-related case,' we accepted the request from the Suwon High Prosecutors' Office Chief and decided to convene the Investigation Deliberation Committee."

The Supreme Prosecutors' Office added, "However, to protect the suspect's right to defense related to the subject of deliberation, we included not only the common request from the investigation team and the suspect regarding 'whether to prosecute' but also the suspect's request concerning 'whether to continue the investigation.'"

Additionally, the Supreme Prosecutors' Office stated, "The date and time of the committee meeting will be promptly decided according to relevant procedures by the committee."

Regarding the Expert Investigation Advisory Panel, which Chief Prosecutor Lee requested to convene along with the Investigation Deliberation Committee the previous day, the Supreme Prosecutors' Office said, "Considering the convening of the Investigation Deliberation Committee, we have decided not to convene the Expert Investigation Advisory Panel separately for the suspect's application to the Supreme Prosecutors' Office."

Chief Prosecutor Lee expressed concerns about the prosecution's 'targeted investigation' and requested the Supreme Prosecutors' Office to convene the Expert Investigation Advisory Panel and applied to the Suwon District Prosecutors' Office for the convening of the Investigation Deliberation Committee the day before.

Normally, when a suspect who is a party to the case applies for the convening of the Investigation Deliberation Committee, the jurisdictional prosecutor's office's Citizens' Committee must hold a sub-deliberation committee to decide whether to refer the case. However, considering that forming the sub-deliberation committee would take considerable time, Oh In-seo, Chief Prosecutor of the Suwon High Prosecutors' Office, who is directing the investigation, directly applied to Cho Nam-gwan, Acting Prosecutor General, for the convening of the Investigation Deliberation Committee according to relevant guidelines.

Unlike when the sub-deliberation committee decides to refer the case to the Investigation Deliberation Committee, if the chief prosecutor directly applies for convening, the Prosecutor General (acting) has discretion over whether to convene the committee, and Acting Prosecutor General Cho decided to convene it.

Since Chief Prosecutor Lee had previously ignored the Investigation Deliberation Committee's recommendation to 'stop investigation and not prosecute' regarding Samsung Electronics Vice Chairman Lee Jae-yong and Prosecutor General Han Dong-hoon last year, when he applied for the convening of the Investigation Deliberation Committee amid the prosecution's decision to indict him, some criticized it as a 'trick' to delay the timing of indictment ahead of the Recommendation Committee meeting.

On the other hand, some speculate that ordinary citizens, who are not legal experts, might take a lenient attitude toward Chief Prosecutor Lee, who halted the investigation into Prosecutor Lee Gyu-won, who fabricated false official documents to prevent former Deputy Minister of Justice Kim Hak-ui's departure, due to negative public sentiment about Kim.

Typically, when the Recommendation Committee recommends 3 to 4 candidates, the Minister of Justice nominates one final candidate to the President within 1 to 4 days after the committee meeting, and the candidate is appointed as Prosecutor General.

Therefore, whether the Investigation Deliberation Committee is convened before or after the Recommendation Committee meeting scheduled for next Thursday (29th) is expected to significantly influence the next Prosecutor General appointment.

Chief Prosecutor Lee is accused of exerting external pressure to halt the investigation by the Suwon District Prosecutors' Office Anyang Branch into allegations of illegal departure involving former Deputy Minister of Justice Kim Hak-ui, while serving as head of the Anti-Corruption and Strong Crime Division at the Supreme Prosecutors' Office in June 2019.

Although Chief Prosecutor Lee strongly denies the allegations, the investigation team reportedly confirmed circumstances where he contacted Han Chan-sik, then head of the Eastern District Prosecutors' Office, immediately after Kim's departure to manage the aftermath and called Bae Yong-won, then deputy chief of the Anyang Branch, to halt the investigation's commencement.

Inside and outside the prosecution, there is a prevailing view that Prosecutor Lee, who fabricated false official documents with fake investigation numbers to request an emergency travel ban on Kim, and Chief Prosecutor Lee, who blocked the prosecution's investigation into such illegal circumstances, likely committed crimes legally.

However, the Investigation Deliberation Committee members, composed of citizens from various fields such as academia, civic groups, culture, and arts, are selected by random draw, with 15 members participating in the deliberation, and distribution is made to avoid concentration in specific professions, so only 2 to 3 members at most may have legal knowledge.

Among ordinary citizens, many may think that even if procedural illegality was involved in preventing Kim's escape-like departure, it is acceptable, making the outcome of the Investigation Deliberation Committee uncertain.

Although the Investigation Deliberation Committee's decision is advisory, in this case, the prosecution, the Corruption Investigation Office for High-ranking Officials (CIO), and the ruling and opposition parties have significantly different perspectives based on their interests, so the committee's result may carry relatively greater significance than in other cases.

If the Investigation Deliberation Committee is convened before the Recommendation Committee meeting as Chief Prosecutor Lee wishes and decides on 'non-prosecution' or 'investigation suspension,' or if the prosecution's indictment is delayed due to the committee's convening decision, Chief Prosecutor Lee is likely to maintain his status as a leading candidate. Conversely, if the committee decides on an 'indictment opinion' before the Recommendation Committee meeting, it will be practically difficult for Chief Prosecutor Lee to be appointed Prosecutor General.

As controversies surrounding Chief Prosecutor Lee continue, including the CIO's 'imperial escort,' former high-ranking prosecutors such as former Deputy Minister of Justice Kim Oh-soo, former Suwon High Prosecutors' Office Chief Lee Geum-ro, and former Busan High Prosecutors' Office Chief Yang Bu-nam are emerging as candidates for the next Prosecutor General.

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