Complex and Intense Legal Disputes Expected
Investigating Prosecutors Need to Attend Trials Directly
Prosecutor General's Office Recently Enforces Strict Direct Attendance
Possibility of Difficulties in Proving Charges Raised

Prosecutors Speed Up Investigations... Concerns Raised Over Trials Due to Stricter Intuition Standards View original image


[Asia Economy Reporter Seongpil Cho] The prosecution investigating the preferential treatment allegations in the Daejang-dong development project is continuing to question related parties on the 6th. Following the summons of former Hwacheon Daeyu CEO Lee Seong-moon in the morning, they are also investigating Kim Moon-gi, the first director of development projects at Seongnam Urban Development Corporation, who participated in the evaluation for selecting the project implementation company, in the afternoon. Although the investigation seems to be gaining momentum, concerns are already widespread regarding the upcoming courtroom battles against former high-ranking officials turned lawyers.


The Seoul Central District Prosecutors' Office dedicated investigation team (led by Deputy Chief Prosecutor Kim Tae-hoon) began questioning former CEO Lee around 9 a.m. earlier that day. Previously, Lee was questioned by the police about the circumstances of borrowing and repaying over 2.6 billion won from Hwacheon Daeyu. The investigation team plans to ask Lee about the actual ownership relations of Cheonhwa Dongin No. 1 and the use of profits earned by Cheonhwa Dongin No. 1 from investing in the Daejang-dong development. Cheonhwa Dongin No. 1 is known to have received dividends totaling 120.8 billion won over the past three years from the Daejang-dong development project.


In the afternoon, the investigation team plans to summon Director Kim as a witness for questioning. Kim is considered a close aide of former Planning Headquarters Chief Yoo Dong-gyu, who was previously detained. Kim participated in the evaluation when the Seongnam Eutteul consortium, which included Hwacheon Daeyu, was selected as the preferred negotiation candidate. The investigation team is expected to question Kim about the overall process of how the Seongnam Eutteul consortium was selected as the preferred negotiation candidate in March 2015.


The investigation team is also reportedly conducting supplementary questioning of former Chief Yoo again. Earlier, on the 3rd, the investigation team detained Yoo on charges of breach of duty. Since securing Yoo's custody, the team has been summoning him daily to intensively question him about related allegations. It is expected that after reinforcing the charges during the maximum 20-day detention period, Yoo will be indicted.


However, voices within the prosecution express concerns that proving the charges in court will be difficult. Typically, criminal cases are divided between the investigating prosecutor responsible up to the indictment stage and the trial prosecutor handling the court proceedings. In important cases expected to involve complex issues or intense legal disputes, such as the Daejang-dong allegations, the investigating prosecutor directly handles the trial (jikgwan). Recently, however, the Supreme Prosecutors' Office has made the jikgwan process more stringent, raising concerns that proving the charges may not be easy.


A prosecutor from the Financial and Economic Crime Division said, "In the past, permission from the Supreme Prosecutors' Office was required to perform jikgwan, but recently, it has become necessary to submit a report explaining 'why this prosecutor should be involved' and 'what role they will play in the trial' for approval." He added, "There have been cases where the report was rejected, preventing jikgwan." Another prosecutor said, "We are already busy preparing for trials, so being asked to write such reports is unreasonable." Ultimately, this means that investigating prosecutors with a high understanding of the case are unable to participate in the trial, resulting in defendants gaining an advantage in court.



The Supreme Prosecutors' Office stated, "Regarding the Daejang-dong allegations, the investigation is still in its early stages, so the decision on jikgwan has not been made," but added, "It is expected that the investigation team will directly handle the prosecution." However, they noted, "Certain positions, such as prosecutors in research roles, are generally restricted from performing jikgwan." Currently, the investigation team consists of all prosecutors from the Economic Crime Criminal Division of the Seoul Central District Prosecutors' Office (9 including the chief prosecutor), 3 prosecutors from the Public Investigation Division 2 who handled public election law violation cases, 1 prosecutor from the Anti-Corruption and Violent Crime Cooperation Division, and 3 dispatched prosecutors.


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

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