Supreme Court overturns and remands case of former Minister Kim Kwan-jin involved in military comment manipulation and political interference

Not Guilty Verdict on Abuse of Authority Charge Related to 'Non-Detention Transfer Order'

Former Minister of National Defense Kim Kwan-jin, suspected of involvement in the military Cyber Command's comment manipulation, is responding to reporters' questions as he enters the Seoul Central District Prosecutors' Office in Seocho-dong, Seoul, as a suspect for investigation.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The second-instance guilty verdict against former Minister of National Defense Kim Kwan-jin, who was indicted for involvement in the military cyber command's comment manipulation, has been overturned and remanded.

In the retrial, it is expected that the sentence will be reduced as some charges of abuse of authority, which were judged guilty in the second trial, were found to be unsubstantiated.

The Supreme Court's Second Division (Presiding Justice Cho Jae-yeon) on the 27th overturned the original sentence of 2 years and 4 months imprisonment in the appeal trial of former Minister Kim, who was indicted for political involvement under the Military Criminal Act and abuse of authority under the Criminal Act, and sent the case back to the Seoul High Court.

The court acquitted Kim of the abuse of authority charge related to his order to Baek Nak-jong, then head of the investigation headquarters, to send key related persons without detention, which the second trial had found guilty.

The court stated, "The defendant's act of ordering former investigation chief Baek to send suspect A's case without detention was within his specific and final authority. Considering the discretion allowed by law, including the principle of non-detention investigation, even if some inappropriate circumstances are considered, the purpose of the order to send without detention cannot be deemed illegal as it does not clearly violate the intent of the former Military Court Act, which granted the Minister of National Defense the authority to approve detention warrants."

It added, "Before the final decision regarding the defendant's custody was made, it cannot be said that former investigation chief Baek had specific rights regarding the detention warrant application. Considering the defendant's final authority over custody decisions, the principle of non-detention investigation, and Baek's duty of obedience to the defendant, it cannot be seen as forcing Baek to perform an unlawful act."

On the same day, the court dismissed all appeals from prosecutors and defendants regarding former Ministry of National Defense Policy Director Im Gwan-bin and former Blue House Foreign Strategy Planning Officer Kim Tae-hyo, confirming the original sentences of 1 year and 6 months imprisonment with 3 years probation for Im and a suspended sentence with a fine of 3 million won for Kim.

Former Minister Kim was indicted for directing military cyber command personnel, along with former Director Im and others, to post about 9,000 comments supporting the then-government and ruling party and criticizing the opposition around the 2012 general and presidential elections.

He was also charged with verifying political tendencies and excluding candidates from certain regions during the recruitment of new civilian employees for the cyber command in June 2012.

Additionally, he was accused of ordering former investigation chief Baek and others from December 2013 to April 2014, during the Park Geun-hye administration, to downplay investigations into the cyber command's political involvement suspicions.

In the first trial, Kim was found guilty of political involvement and some abuse of authority charges and sentenced to 2 years and 6 months imprisonment without being detained in court.

Former Director Im was sentenced to 1 year and 6 months imprisonment with 3 years probation, and former Planning Officer Kim was fined 10 million won.

The second trial acquitted Kim of the abuse of authority charge related to obstructing the investigation into the cyber command's political involvement by the Ministry of National Defense Investigation Headquarters, unlike the first trial, reducing his sentence by 2 months. Like the first trial, he was not detained in court.

The court reasoned that the authority to prepare and distribute the interim investigation result statement for the case belonged to the Minister of National Defense, and that Baek's involvement in preparing the interim investigation results under the minister's direction was merely an act assisting the defendant's official duties, not forcing him to perform an unlawful act.

While maintaining the first trial's sentence for former Director Im, the court suspended the fine of 3 million won for former Planning Officer Kim.

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