"Changjaksoseol" Kim Yong's indictment criticism... The prosecution's real battle is in the 'courtroom'

Seoul Central District Prosecutors' Office building Photo by Yonhap News

[Asia Economy Reporter Kim Hyung-min] Prosecutors have been facing considerable criticism for what many call a "reckless indictment" even two days after indicting Kim Yong, deputy director of the Democratic Research Institute (age 56), who is known as one of Lee Jae-myung, leader of the Democratic Party of Korea's, closest aides, as of the 10th.

Kim's side and opposition parties have disparaged the indictment as a "work of fiction." They particularly point out that aside from the testimony of former Seongnam Urban Development Corporation head Yoo Dong-gyu, prosecutors pushed the claim that Kim received "black money" without substantial evidence.

Nevertheless, the prosecution remains steadfast. In response to criticism of an "indictment without proof," they declared, "We will prove everything in court," and continue their investigation without wavering. They intend to settle the matter in trial. A prosecution official explained, "Various pieces of evidence are interconnected to substantiate the charges," and added, "We judged the evidence sufficient to indict." They emphasized, "Ultimately, the court is where the decision on punishment is made."

Legal circles analyze that the investigation team initially strategized with a focus on the trial. They note that prosecutors typically do not reveal all their cards until indicting all individuals involved in an investigation. This is a common approach in organized crime cases involving many people. In this case, with the possibility of investigating figures such as Jeong Jin-sang, chief political coordinator of the Democratic Party leader's office, and even Lee Jae-myung himself, prosecutors likely considered concerns about potential evidence tampering.

In fact, prosecutors remained silent about the currently secured evidence items during Kim's interrogation and in the indictment. Although the indictment detailed the long-standing collusion between Kim and the so-called "Daejang-dong gang," and meticulously noted political interests involving Lee, the supporting evidence was withheld. A lawyer in Seocho-dong analyzed, "Kim's exercise of the right to remain silent during interrogation may be a strategy to induce prosecutors to reveal their evidence to prompt him to speak. Then Kim can assess the cards prosecutors hold," adding, "It seems prosecutors are trying not to fall into this trap."

The impact of the revised Criminal Procedure Act, effective this year, which limits the evidentiary power of suspect interrogation records prepared by prosecutors in court, also appears relevant. Since the revision, if a defendant denies statements made during prosecution interrogation in court, the interrogation records lose their evidentiary value. Prosecutors may have judged that focusing on preparing for trial rather than extracting statements from Kim before indictment would be more effective.

The influence of Ko Hyung-gon, the 4th Deputy Chief Prosecutor of the Seoul Central District Prosecutors' Office, who is leading the investigation, is also apparent. Before his current post, Ko led the investigation and prosecution of Professor Jeong Gyeong-shim of Dongyang University, who was charged with "children's school admission bribery" and other offenses. In December 2020, while the first trial was ongoing, he commuted 560 km between Daegu and Seoul to lead the trial team. The trial faced difficulties proving the admissibility of evidence amid controversy over illegally obtained evidence related to a PC seized from the Dongyang University lecturer lounge. Ultimately, Ko and his team secured a four-year prison sentence for Professor Jeong, which was upheld through the appellate and Supreme Court reviews. Ko appears to be applying this experience to his current leadership of the investigation.

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