"Rep. Kim Seok-ki Claims 'Elected with Spy's Help'... Police Decide Not to Prosecute"

'No Prosecution' Decision
Impact of Parliamentary Immunity on Members of the National Assembly

[Image source=Yonhap News]

[Asia Economy Reporter Oh Gyumin] The police have decided not to prosecute Kim Seok-ki, a member of the People Power Party, who was accused of defamation for stating that former President Moon Jae-in was elected president with the help of a spy.

The Anti-Corruption and Public Crime Investigation Unit of the Seoul Metropolitan Police Agency announced on the 24th that it had decided not to prosecute Kim, who was accused earlier this month of defamation by spreading false information, due to lack of prosecutorial jurisdiction.

In September last year, during a government-related questioning session on foreign affairs, unification, and security in the National Assembly, Kim stated that an activist involved in the so-called ‘Cheongju Spy Group Incident’ had a history as a special advisor to former President Moon’s presidential campaign team, and said, “(Former President Moon) became president with the help of a spy.” The incident involved four activists from the Cheongju area in Chungbuk who opposed the introduction of the F-35 stealth fighter, three of whom were arrested.

In response, the civic group Anti-Corruption National Participation Solidarity filed a complaint against Kim with the Corruption Investigation Office for High-ranking Officials (CIO) in the same month, and the case was assigned to the Anti-Corruption and Public Crime Investigation Unit of the Seoul Police Agency. The civic group claimed, “The statement that former President Moon was elected with the help of a spy at that time has political motives and malicious intent,” and “It clearly spread false information publicly, seriously damaging the social evaluation and honor of former President Moon.”

The reason the police decided on ‘lack of prosecutorial jurisdiction’ was attributed to the parliamentary immunity stipulated in Article 45 of the Constitution. The article states, “Members of the National Assembly shall not be held responsible outside the National Assembly for statements made and votes cast in the course of their duties.”

At the time of the complaint, the Anti-Corruption National Participation Solidarity argued, based on Supreme Court precedents, that Kim’s remarks constituted defamation beyond the scope of official duties. In 2007, the Supreme Court ruled, “Considering the purpose and intent of parliamentary immunity, it does not apply in cases where it is clear that the act has no relation to official duties or where false facts are knowingly stated to defame another.”

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