Lee Jun-seok 'Sex Bribery Allegation' Investigation Nears Conclusion... Decision Expected This Week
Investigation of the Accused Completed on the 17th
Police Face Difficulties in Proving Charges
Possibility of Continued Investigation into False Accusation
Interest Grows in 'Investigation Result Notification' Even if No Prosecution Decision Is Made
Former People Power Party leader Lee Jun-seok is expressing his position as he attends the hearing on the suspension of the People Power Party's party constitution at the Seoul Southern District Court in Yangcheon-gu, Seoul, on the 14th. Photo by National Assembly Press Photographers Group
View original image[Asia Economy Reporter Oh Gyumin] The police have summoned and completed questioning former People Power Party leader Lee Jun-seok, who is suspected of sexual bribery. As they have pledged to conclude the investigation within this month, a decision is expected within this week due to concerns such as the statute of limitations.
On the 17th, the Anti-Corruption and Public Crime Investigation Unit of the Seoul Metropolitan Police Agency summoned Lee, who is accused of violating the Act on the Punishment of Procuring Sexual Traffic, bribery, evidence tampering, and false accusation, from 10 a.m. and conducted a suspect interrogation for about 12 hours.
Police Expect Non-Prosecution Due to Statute of Limitations... Difficulties Applying Continuous Offense Doctrine
Among these charges, a conclusion of 'no prosecution' is expected for the violation of the Act on the Punishment of Procuring Sexual Traffic. According to Kim Sung-jin, CEO of i-CAST, who was questioned six times as a witness, Kim claimed to have provided sexual bribery to Lee in July-August 2013. However, the statute of limitations for this law is five years, which expired in August 2018.
The bribery charge also faces issues with the statute of limitations and the application of the continuous offense doctrine. The statute of limitations for bribery is seven years, but since the sexual bribery allegedly occurred in 2013 according to Kim’s claim, the statute of limitations has passed.
Subsequently, during witness questioning, Kim’s side argued that they sent Chuseok gifts between September 23-25, 2015, claiming that the continuous offense doctrine could apply. Regarding benefits and hospitality after the sexual bribery, they also claimed to have provided hospitality worth several million won in 2014 to support the pardon of SK Chairman Chey Tae-won. After the sixth witness questioning, Kim’s legal representative, lawyer Kang Shin-up, explained the reason for the hospitality, saying, “If Chairman Chey helps Kim’s business, i-CAST could grow explosively.”
However, inside and outside the police, there is an opinion that in the case of sexual bribery, a ‘one-to-one correspondence’ between sexual bribery and its consideration (arranging a meeting with former President Park Geun-hye) has been established, and subsequent continuous hospitality and benefits are not linked to the consideration for sexual bribery, making it difficult to apply the continuous offense doctrine.
Possibility of Continuing Investigation on Charges Premised on Sexual Bribery Fact Determination
The charges of evidence tampering and false accusation require fact-finding on sexual bribery and bribery to prove them. In other words, these prior charges must be proven true to establish the allegations. Regarding evidence tampering, Lee allegedly obtained a statement from Kim Cheol-geun, the party leader’s political secretary, stating ‘there was no sexual bribery’ and provided compensation to Kim’s side accordingly. However, the police’s request for a search warrant on Kim’s phone was rejected by the court, indicating difficulties in the investigation.
However, there is a possibility of continuing the investigation on the false accusation charge. On the 4th of last month, Kim’s side filed a false accusation complaint against Lee for suing the Garosero Research Institute (GaSeYeon) for defamation by spreading false information. Proving this charge also depends on whether the sexual bribery is factual, leading to conflicting referrals between the two sides. If sexual bribery is proven, Lee is likely to be referred, and if not, GaSeYeon will be referred.
The police are expected to decide on referral between the 23rd and 25th, when the statute of limitations for bribery expires. On the 13th, Kim Kwang-ho, head of the Seoul Metropolitan Police Agency, said at a press briefing, “If (Lee) appears properly, we will try to conclude as quickly as possible.”
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Meanwhile, attention is focused on the investigation notices sent to the complainants (such as GaSeYeon) who filed the case. Even if a non-prosecution conclusion is reached, the notice may include whether sexual bribery actually occurred.
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