Constitutional Court Rules "'Gangwon Land Hiring Corruption' Former Vice Minister of Ministry of Trade, Industry and Energy's Prosecution Suspension Was Wrong"... Constitutional Complaint Accepted

Constitutional Court: "Passed Blue House Verification at Time of Outside Director Appointment... No Evidence of Inadequate Job Performance"

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and other justices entered and took their seats in the Constitutional Court courtroom in Jongno-gu, Seoul, where the constitutional complaint and unconstitutionality review trial was held on the afternoon of the 26th.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the prosecution's decision to suspend indictment against former Vice Minister of Trade, Industry and Energy Kim Jae-hong on charges of conspiring in the 'Kangwon Land recruitment corruption' was an arbitrary exercise of prosecutorial power.

On the 26th, the Constitutional Court unanimously accepted the constitutional complaint filed by former Vice Minister Kim, who claimed that during the investigation of the Kangwon Land recruitment corruption, the prosecution unjustly labeled him as a conspirator, damaging his reputation, and requested the cancellation of the suspension of indictment.

In March 2014, while serving as Vice Minister of the Ministry of Trade, Industry and Energy, Kim was suspected of conspiring with Kwon Seong-dong, a member of the Saenuri Party (now the People Power Party), to abuse authority by having the Korea Mine Reclamation Corporation (hereafter referred to as the Mine Reclamation Corporation), an institution under the Ministry, appoint Kim Mo as an outside director of Kangwon Land, thereby obstructing the exercise of rights by the Mine Reclamation Corporation. The prosecution suspended indictment in July 2018. Kwon was acquitted of recruitment corruption charges by the Supreme Court in February this year.

The Constitutional Court judged, "At the time Kim was appointed as an outside director of Kangwon Land, he passed the Blue House's personnel screening and had no criminal record related to his duties," and added, "There appears to be no clear evidence that he did not meet the qualification requirements under Kangwon Land's internal regulations or that his ability to perform duties as an outside director was significantly lacking from the time of recommendation or appointment."

Furthermore, the court stated, "The prosecution's recognition of the complainant's charges and the suspension of indictment in this case were due to errors in evidence assessment or insufficient investigation, thereby infringing upon the complainant's rights to equality and pursuit of happiness."

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