Could It Become the Second 'Inter-Korean Summit Meeting Minutes Incident'... Prosecution Considers Investigation into 'Killed Public Official' Case

2013 Investigation Team Reviewed 'Records' One by One... Jo Myeong-gyun and Others Found Guilty in Retrial
Prosecutors Likely to Form Investigation Team Led by Experienced Deputy Chief Prosecutor Han Sang-hyeong Upon Launching Probe

The bereaved family and legal representatives of the Ministry of Oceans and Fisheries official killed by North Korean soldiers in September 2020 held a press conference on the 17th at the Seoul Bar Association building in Seocho-gu, Seoul, regarding the so-called 'West Sea Official Killing Incident' announced the previous day by the Presidential Office and the Coast Guard.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The bereaved family of the Ministry of Oceans and Fisheries official who was killed by gunfire from North Korean soldiers in the West Sea has decided to file a complaint with the prosecution against former National Security Office Chief Suh Hoon, former Blue House Senior Secretary for Civil Affairs Kim Jong-ho, and former Blue House Secretary for Civil Affairs Lee Kwang-chul on charges of obstruction of official duties.

On the 20th, Lee Rae-jin, the older brother of the late official Lee Dae-jun, announced on his Facebook that they will file a complaint against these individuals for obstruction of official duties at the Seoul Central District Prosecutors' Office at 9:30 a.m. on the 22nd.

Earlier, on the 16th, the Ministry of National Defense expressed regret over the announcement that Lee Dae-jun was presumed to have attempted to defect to the North and revealed that on September 27, 2020, they received guidelines on key issues related to the incident from the Blue House National Security Office. The bereaved family believes that there were specific instructions from the Blue House regarding the government's announcement that "defection is presumed," and thus selected former National Security Office Chief Suh, former Senior Secretary Kim, and former Secretary Lee as the primary targets for the complaint. Regarding former President Moon Jae-in, the family plans to file a complaint after the allegations against his close aides are sufficiently substantiated.

The core issue of this case hinges on whether the government’s handling of the official’s death, sealed as presidential records, can be reviewed. Presidential records can only be accessed if two-thirds or more of the National Assembly members approve, if a warrant issued by the competent High Court Chief Judge is presented, or if prior approval is obtained from the Presidential Archives Director. Given the opposition-majority National Assembly, obtaining legislative consent appears practically impossible.

Ultimately, it is expected that the investigation will proceed either through a warrant issued by the High Court Chief Judge or with the approval of the Presidential Archives Director. The bereaved family requested disclosure of related records from the Presidential Archives Director on the 25th of last month and is scheduled to receive a response on the 23rd. If approval is granted by the Presidential Archives Director, the investigation is expected to proceed smoothly; otherwise, a prosecutorial investigation will be inevitable.

Inside and outside the prosecution, there is speculation that if the prosecution initiates an investigation, it will be conducted in a manner similar to the 2013 unauthorized destruction case of the 2008 Inter-Korean Summit meeting records.

At that time, the Public Security Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Kim Kwang-soo), which handled the investigation into the unauthorized destruction of the summit meeting records, conducted the investigation by thoroughly reviewing millions of presidential records. The investigation was divided into teams: one summoned and interrogated related persons, and the other reviewed records at the Presidential Archives, making it difficult to concentrate investigative resources and causing the process to take some time.

Since the records could not be brought to the prosecution, the investigation proceeded by sending prosecutors and investigators to the Presidential Archives to review documents on-site. Due to security issues, documents protected by passwords were unlocked through digital forensics, and since file names sometimes differed from actual document contents, all documents were cross-checked. This process led to the non-custodial indictment of former Blue House National Security Office Chief Baek Jong-chun and former Blue House Security Secretary Cho Myung-kyun.

Although both the first and second trials resulted in acquittals, the Supreme Court overturned the verdict with a guilty ruling and remanded the case. In February, the retrial sentenced former Chief Baek and former Secretary Cho to one year in prison with a two-year probation.

Considering that the documents subject to investigation in the case of the killed official are also presidential records, it is highly likely that the investigation will be complex, similar to the Inter-Korean Summit meeting records case. Accordingly, if the prosecution initiates an investigation, it is highly probable that the investigative team will be led by Han Sang-hyung, Deputy Chief Prosecutor of the Criminal Division 2 at Jeju District Prosecutors' Office (Judicial Research and Training Institute Class 36), who participated in the previous investigation and remains in office.

A former deputy chief prosecutor turned lawyer said, "Investigations involving presidential records differ from ordinary prosecutorial investigations, and the investigation itself inevitably becomes political. If the case is handed over to the prosecution, it is natural to seek prosecutors with experience."

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