Supreme Court Dismisses Charges Against Former Prosecutor General Kim Jin-tae and Others for 'Covering Up Sexual Violence Cases Within the Prosecution'... "No Grounds"

On September 8 last year, Im Eun-jung, the Ministry of Justice's Inspection Officer, heading to the Corruption Investigation Office for High-ranking Officials at the Government Complex Gwacheon to be questioned as a witness regarding allegations that former Prosecutor General Yoon Seok-yeol obstructed the investigation into former Prime Minister Han Myeong-sook's perjury coaching. / Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin, legal affairs specialist] The Supreme Court has delivered a final ruling that the prosecution's decision not to indict in the case where Im Eun-jeong, the Ministry of Justice’s Inspection Officer, accused former Prosecutor General Kim Jin-tae and others of covering up sexual violence cases within the prosecution was lawful.

According to the legal community on the 19th, the Supreme Court’s Second Division (Presiding Justice Cho Jae-yeon) dismissed the final appeal against the Seoul High Court’s decision to reject Im’s request for a retrial after the prosecution declined to indict five former and current prosecutors, including former Prosecutor General Kim, on charges such as abuse of authority.

The court stated, "Upon reviewing the reasons cited for the final appeal in light of relevant legal principles and records, there is no violation of the Constitution, laws, orders, or regulations that would affect the lower court’s judgment."

A retrial request is a system where a complainant or accuser who disagrees with the prosecution’s decision not to indict can ask the competent high court to determine whether to file charges.

If the court finds the retrial request justified, it orders the prosecution to file charges, and this decision cannot be appealed. The prosecution must then proceed with the indictment.

Conversely, if the request violates legal procedures or lacks grounds, it is dismissed. In such cases, the requester can immediately appeal to the Supreme Court, but only if there is a claim of violation of the Constitution, laws, orders, or regulations that influenced the trial.

Im, in May 2018, accused former Prosecutor General Kim, former Deputy Prosecutor General Kim Soo-nam, and Inspection Headquarters Chief Lee Junho of abuse of authority and dereliction of duty for halting investigations and inspections into sexual violence crimes committed by former Deputy Prosecutor Kim and former Prosecutor Jin in 2015.

In March 2019, the Seoul Central District Prosecutors’ Office dismissed Im’s accusation. A dismissal is a disposition made when the case does not meet the requirements for prosecution or further investigation.

Im appealed to the Seoul High Prosecutors’ Office, which also dismissed the appeal, leading her to file a retrial request with the court. However, the Seoul High Court dismissed the retrial request in August 2020, prompting Im to file a final appeal with the Supreme Court.

Meanwhile, on the afternoon of the same day, Im posted a lengthy message on her Facebook regarding the case, stating, "I have seen the news that the Supreme Court’s Second Division, presided over by Justice Cho Jae-yeon, dismissed my retrial request final appeal." She added, "Coincidentally, Justice Cho Jae-yeon is the same person involved in the 'Daejang-dong That Person' controversy, so many are looking at this with suspicion."

Im also recently revealed on her Facebook that after the High-ranking Officials’ Crime Investigation Division (hereafter, the Corruption Investigation Office for High-ranking Officials) decided not to indict in a case where a civic group accused Yoon Seok-yeol, the People Power Party’s presidential candidate, of obstructing the investigation into witness tampering in the trial of former Prime Minister Han Myeong-sook, she had "recently submitted an accusation with the retrial request in mind and shared related materials with her lawyers."

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