Prosecutors' Dilemma: Son Junsung and Kim Ung

Investigation-Prosecution Separation Review Exception
Public Interest Committee Burdened by Non-Prosecution Recommendation
Concerns of Backlash Such as Abuse of Power if Forced

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The High-ranking Officials' Crime Investigation Unit (HCICU) is in the final stages of deliberation on whether to indict Son Junsung, the Human Rights Protection Officer at Daegu High Prosecutors' Office and a key suspect in the 'reporter bribery' allegations, and Kim Woong, a member of the People Power Party, on the 29th. It is expected that after a final review this weekend, a decision could be made as early as next week.

In the legal community, there is growing speculation that the HCICU will at least bring Prosecutor Son to trial in connection with the reporter bribery case. This is because the HCICU has devoted all its prosecutors to the investigation, and there is pressure to produce some tangible results.

Recently, as the political and legal sectors have been engulfed in the 'complete removal of prosecution's investigative authority' (Geomsu Wanbak) controversy, interest in whether those involved in the reporter bribery case will be indicted has intensified. On the 27th, the Democratic Party of Korea submitted an amendment to the Prosecutors' Office Act to the plenary session, including an exception clause for the HCICU. It specified that Article 4, Paragraph 2 of the Prosecutors' Office Act, which separates investigative prosecutors and prosecuting prosecutors, does not apply to the HCICU. Unlike the prosecution, the HCICU can continue to conduct both investigations and prosecutions. After last year’s mass telecommunications inquiries that sparked a 'surveillance controversy,' the HCICU's investigative capabilities remain under suspicion. Amid this, being excluded from the fallout of Geomsu Wanbak has further deepened the controversy.

[Image source=Yonhap News]

Therefore, some analysts believe that it has become difficult for the HCICU to forcibly indict Prosecutor Son. While a guilty verdict in court would prove its capability, there are risks in indicting Son despite the recommendation from the Prosecution Review Committee on the 19th to "not prosecute" Son and Kim. The biggest rationale the Democratic Party cited for exempting the HCICU from Geomsu Wanbak was the analysis that "it will not abuse its authority." If the HCICU ignores the committee's recommendation and indicts Son and others, it could spark controversy over abuse of power. Moreover, since the HCICU investigation team is reportedly yet to secure clear evidence of reporter bribery, a poor trial outcome could lead to a strong backlash.

Although somewhat removed from the Geomsu Wanbak debate, the HCICU is expected to remain under scrutiny to prove its competence. Last week, the trial began in court for the bribery case of former Chief Prosecutor Kim Hyung-jun, the first case the HCICU directly investigated and prosecuted. Additionally, the trial for the first case handled since its launch?the 'illegal hiring of dismissed teachers' involving Seoul Mayor of Education Cho Hee-yeon?has been ongoing since February.

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