Prosecutors' Office Clears Yoon Seok-yeol of 'Optimus Poor Investigation' Allegations

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The High-ranking Officials' Crime Investigation Unit (PCC) decided not to prosecute President-elect Yoon Seok-yeol on the 6th, who had been suspected of 'negligent investigation in the Optimus Asset Management fund fraud case.'

The PCC's Investigation Division 3 (Chief Prosecutor Choi Seok-gyu) on the same day dismissed charges against President-elect Yoon (then head of the Seoul Central District Prosecutors' Office) for abuse of power, dereliction of duty, and violation of the Act on the Prohibition of Solicitation and Receipt of Money and Valuables.

This came 332 days after the investigation began. The PCC also issued the same dismissal for five others who were investigated along with Yoon, including Yoon Dae-jin, then first deputy chief prosecutor of the Seoul Central District Prosecutors' Office; his successor Lee Doo-bong, then first deputy chief prosecutor; and Son Jun-sung, then head of the Criminal Division 7 at the Central District Prosecutors' Office, along with two other chiefs and one regular prosecutor.

The PCC explained the reason for no charges, stating, "The failure of a prosecutor to uncover substantive facts after an investigation does not constitute the crime of dereliction of duty under criminal law."

Regarding the fact that no account tracking or search and seizure was conducted, the PCC said, "Compulsory investigations are judged based on strict proportionality principles," and "In this case, since the lead prosecutor even ordered supplementary investigations, it is difficult to acknowledge the charges."

Concerning the accusation that President-elect Yoon received a request from a lawyer to cover up the case, the PCC added, "Apart from the complainant's vague speculation, there is no evidence to support this, while it is only confirmed that the lawyer met with President-elect Yoon for another case at that time."

Regarding the dismissal of the management's lawsuit case, the PCC stated, "After investigation, the complainant voluntarily submitted a withdrawal letter and requested dismissal," and "Since the case was forwarded with a dismissal opinion at the police stage, there is no circumstance to believe there was pressure to cover up the investigation."

President-elect Yoon and former deputy chief Lee were accused of failing to properly investigate the Optimus-related case requested for investigation by the Korea Communications Agency in October 2018 and dismissing it without charges. Yoon was also accused of receiving a request from a lawyer to cover up the case during this process.

Former deputy chief Yoon Dae-jin and Son Jun-sung, Human Rights Protection Officer at Daegu High Prosecutors' Office, were investigated for failing to properly investigate and dismissing the related case filed by former Optimus executives.

The Optimus fund fraud centers on CEO Kim Jae-hyun and others raising about 1.3 trillion won from April 2018 to June 2020 by claiming to invest in public institution accounts receivable, but instead using it for acquiring non-performing bonds and circular fund operations. In February, the Seoul High Court overturned the first trial that sentenced CEO Kim to 25 years in prison for fraud under the Act on the Aggravated Punishment of Specific Economic Crimes and sentenced him to 40 years in prison.

The civic group Judicial Justice Restoration Action Coalition claimed that if the investigation had been conducted properly, the fraud damage could have been prevented in advance, and filed charges against President-elect Yoon and others, prompting the investigation.

With the decision not to prosecute on this day, the PCC's investigation into President-elect Yoon, which caused a stir during last year's presidential election, now only leaves the 'judge surveillance' suspicion involving Human Rights Protection Officer Son. The suspicions of obstruction of investigation and instigation of false testimony related to former Prime Minister Han Myeong-sook have already been dismissed.

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