The De Facto Deadline for Regime Investigation and Prosecution Is Today... Choices of Daejeon and Suwon District Prosecutors' Investigation Teams
Nuclear Power Plant and Kim Hak-eui Case Investigation Team to Begin Dissolution Process After Personnel Changes on the 2nd of Next Month
Prosecution Possible Without Supreme Prosecutors' Office Approval, but Internal Disciplinary Action Must Be Accepted
[Asia Economy Reporter Kim Hyung-min] On the last day of June, the 30th, all eyes inside and outside the prosecution are focused on the Daejeon District Prosecutors' Office and the Suwon District Prosecutors' Office, which have been investigating cases related to the administration. For the investigation teams handling the 'Wolseong Nuclear Power Plant Unit 1 Economic Feasibility Manipulation' suspicion and the 'Kim Hak-ui Illegal Departure Ban' case respectively, this day is effectively the deadline for deciding on prosecution.
The investigation teams are set to be disbanded following the prosecution personnel reshuffle effective from July 2. Therefore, this day is the last day to conclude their investigations. On July 1, they will have no time to review ongoing issues due to handover duties.
Amid this, attention is on whether the investigation teams probing the 'Wolseong Nuclear Power Plant Unit 1 Economic Feasibility Manipulation' suspicion and the 'Kim Hak-ui Illegal Departure Ban' case will proceed with prosecution without approval from the Supreme Prosecutors' Office. The Daejeon District Prosecutors' Office plans to prosecute three key suspects for abuse of authority, and the critical issue is whether they will apply breach of trust charges against former Minister of Trade, Industry and Energy Baek Woon-kyu and Korea Hydro & Nuclear Power President Jeong Jae-hoon. The Suwon District Prosecutors' Office is on the verge of prosecuting Lee Kwang-cheol, the Blue House Civil Affairs Secretary, who is suspected of involvement in the illegal departure ban of former Deputy Minister of Justice Kim Hak-ui.
Under current Korean law, the right to prosecute suspects lies with individual prosecutors, so they can prosecute directly without approval from the Supreme Prosecutors' Office. A prosecution official stated, "There have been many precedents of prosecution without approval or reporting to higher-ups," adding, "However, if prosecution is carried out, internal disciplinary actions within the prosecution may be unavoidable."
For the investigation teams, the level of disciplinary action after prosecution could make it difficult to maintain the prosecution, such as attending trials. If they proceed with prosecution despite this risk, it means the investigation teams have chosen their last stronghold.
One reason why some in the legal community see this possibility as high is that the investigation teams have gained justification to push forward with prosecution. They have used all means, including repeatedly reporting prosecution plans to the Supreme Prosecutors' Office, but the office remains unmoved as of this day.
The Daejeon District Prosecutors' Office, after failing to get approval from the Supreme Prosecutors' Office to prosecute the three key suspects in the Wolseong Nuclear Power Plant case, held a unanimous vote among chief prosecutors last week to agree on prosecution, and then Daejeon District Prosecutor General Noh Jeong-hwan conveyed this to Prosecutor General Kim Oh-soo on the 28th.
However, Prosecutor General Kim is reported to have instructed to consider holding an investigation review committee. There were disagreements regarding prosecuting former Minister Baek and President Jeong on breach of trust charges. It was conveyed that "the purpose and subject of breach of trust are unclear, making application difficult." Since breach of trust typically holds the final decision-maker responsible in trials, this could raise accountability issues for President Moon Jae-in and potentially lead to related civil lawsuits. It is said that the Supreme Prosecutors' Office delayed approval considering this point.
The Suwon District Prosecutors' Office reported its intention to prosecute Secretary Lee to the Supreme Prosecutors' Office on June 12 and June 24, but no decision has been made yet.
If the investigation teams prosecute on this day, it would effectively mean rejecting orders from higher-ups, inevitably causing internal conflict within the prosecution and likely putting Prosecutor General Kim's leadership under scrutiny.
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For now, the Daejeon District Prosecutors' Office investigation team is reportedly reviewing the application for an investigation review committee under Prosecutor General Noh's direction. The Suwon District Prosecutors' Office reported its intention to prosecute Blue House Civil Affairs Secretary Lee Kwang-cheol to the Supreme Prosecutors' Office on June 12 and June 24 but has not received a response. The investigation team reportedly wants to prosecute Secretary Lee at the Seoul Central District Court, where related trials are ongoing. This requires approval from the Supreme Prosecutors' Office for the Central District Prosecutors' Office acting prosecutor's signature. However, if the Supreme Prosecutors' Office remains uncooperative and the situation is unfavorable, they may prosecute at the Suwon District Court and merge the cases at the appellate level.
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