The Corruption Investigation Office Adjusts Timing for Prosecution Review of 'Jo Hee-yeon Case'... Investigation to Conclude Early Next Month

Timing of Event and Review Results Kept Confidential... Discussion on Indictment and Appropriateness and Legality of Investigation Planned

[Asia Economy Reporter Bae Kyunghwan] The High-ranking Officials' Crime Investigation Agency (HCIA) has decided to submit the special recruitment allegations against Cho Hee-yeon, Superintendent of Seoul Metropolitan Office of Education, to the Prosecution Deliberation Committee and has begun coordinating the timing of the meeting. The principle is to announce the date and results of the deliberation 'after the fact,' but depending on the judgment of the committee members, the results may not be disclosed.

According to the legal community on the 20th, the HCIA plans to hold the Prosecution Deliberation Committee to hear opinions on whether to indict Superintendent Cho and aims to complete the investigation by early next month at the latest.

Earlier, the HCIA summoned Superintendent Cho for questioning on the 27th of last month and received a written opinion from Cho's side on the 11th of this month, completing the review of the materials. The work to finalize the investigation is essentially done, and before deciding on prosecution, they plan to refer to the opinions of external committee members through the Prosecution Deliberation Committee.

The Prosecution Deliberation Committee operates with a structure similar to the Prosecutor's Investigation Deliberation Committee. It is an advisory body that reviews and deliberates on the HCIA's prosecution decisions and the overall prosecution functions such as maintaining prosecution. It was established according to the operational guidelines enacted at the end of April. It is operated by more than 10 external members, and the list of members is kept confidential to ensure independent advice.

Looking into the detailed guidelines, HCIA prosecutors are required to 'respect' the advisory results of the Prosecution Deliberation Committee. This means the committee's opinions can significantly influence the investigation's conclusion, but conversely, it can also be interpreted that there is no obligation to follow the conclusion exactly as with the Prosecutor's Investigation Deliberation Committee.

The committee members will deliberate on whether to request prosecution regarding the allegation that Superintendent Cho improperly excluded the hiring officials from their duties to recruit five dismissed teachers he wanted to hire during the special recruitment conducted in 2018. If a non-prosecution decision is made, the appropriateness and legality of the investigation process will also be discussed.

The timing of the meeting and the deliberation results will be conducted confidentially. The HCIA explains that even after the deliberation ends, the results may not be disclosed. However, if the members decide to disclose after internal discussions, an official announcement will be made following the deliberation.

Some view the use of the Prosecution Deliberation Committee as a measure to enhance the consistency of the investigation conclusion in preparation for conflicts with the prosecution in the future, as well as the burden of delivering a convincing conclusion externally as the HCIA's official 'first case.'

In fact, the final decision on whether to indict Superintendent Cho rests with the prosecution. According to the HCIA Act, the HCIA can only prosecute court presidents, Supreme Court justices, prosecutors general, judges and prosecutors, and police officers of rank superintendent or higher, and can only investigate cases involving the Superintendent of Education. Because of this, there is a possibility that the judgments of the HCIA and the prosecution may differ.

A legal community official said, "Since there have been controversies from the beginning of the case to the investigation process, it seems they intend to increase objectivity through external opinions," adding, "However, whether the committee's judgment is followed or not, it is inevitable that there will be criticism that both the prosecution and the HCIA are shifting the burden to the advisory body."

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