[Breaking] Public Corruption Investigation Office Demands Prosecution of Park Ji-won for Election Law and Information and Communications Network Act Violations over ‘Yoon Seok-yeol Defamation’

Former National Intelligence Service Director Park Ji-won. / Photo by Yoon Dong-ju doso7@

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The High-ranking Officials' Crime Investigation Division, which has been investigating allegations of 'tip-off manipulation' reported by President Yoon Seok-yeol's side during his candidacy, has requested the prosecution to indict former National Intelligence Service Director Park Ji-won on charges of violating the Public Official Election Act (spreading false information) and the Information and Communications Network Act (defamation) against President Yoon, who was a presidential election preliminary candidate at the time.

The request for indictment is made when the High-ranking Officials' Crime Investigation Division, which cannot directly prosecute under the High-ranking Officials' Crime Investigation Act, determines that there is sufficient evidence of a high-ranking official crime and asks the prosecution to indict.

Article 3, Paragraph 1, Subparagraph 2 of the High-ranking Officials' Crime Investigation Act stipulates that prosecutors of the investigation division can directly file charges only in cases involving high-ranking officials such as ▲Chief Justice and Supreme Court Justices ▲Prosecutor General ▲Judges and Prosecutors ▲Police officers of rank Superintendent or higher, for crimes committed by themselves or their families during their tenure, including related crimes.

Article 28, Paragraph 1 of the High-ranking Officials' Crime Investigation Division's Case Handling Rules (Request for Indictment and Non-prosecution) states, "In cases other than those specified in Article 3, Paragraph 1, Subparagraph 2 of the Act, if the investigation results recognize criminal charges and it is deemed appropriate to file charges, a request for indictment shall be made according to Form No. 8 attached. In this case, the request for indictment decision form, related documents, and evidence shall be attached to the case transfer form No. 9 and sent to a prosecutor belonging to the Seoul Central District Prosecutors' Office."

The Investigation Division 2 (Chief Prosecutor Kim Seong-moon) announced on the 13th that in mid-September last year, it judged that former Director Park Ji-won had committed crimes related to making false reports through interviews with reporters, claiming that "Yoon Seok-yeol exerted influence on former Yongsan Tax Office Chief Yoon Woo-jin's case and possesses related materials," and recognized charges of spreading false information under the Public Official Election Act and defamation under the Information and Communications Network Act, making such a decision on the 10th.

However, the Investigation Division acquitted former Director Park of charges related to violating the National Intelligence Service Act (political interference) on the grounds that he could not be seen as using his position as the head of the National Intelligence Service, and acquitted him of charges of violating the Public Official Election Act (illegal election campaigning) on the grounds that he could not be seen as using his official position.

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