Legal circles: "Prosecutors may also investigate 'lawyer fee payments by proxy' during Lee's summons"
Prosecutors investigating Ssangbangwool Group's 'illegal remittance to North Korea' case are expected to also investigate the 'lawyer fee payment on behalf' allegations during the upcoming summons of Lee Jae-myung, leader of the Democratic Party of Korea.
The lawyer fee payment allegation has been the most stagnant among the various suspicions Lee has faced so far. The legal community believes that this allegation, which seemed likely to be closed without judicial action, could reach a turning point by being linked to the North Korea remittance summons investigation.
Lee Jae-myung, leader of the Democratic Party of Korea, and Park Kwang-on, floor leader, are attending the Supreme Council meeting held at the hunger strike tent in front of the National Assembly main building on the 1st. Photo by Kim Hyun-min kimhyun81@
View original imageOn the 5th, the Criminal Division 6 of Suwon District Prosecutors' Office (Chief Prosecutor Kim Young-nam) was reported to be reorganizing the summons schedule with Lee’s side while reviewing the overall North Korea remittance case and preparing questions. Inside and outside the prosecution, there is speculation that the investigation team will also press Lee on the lawyer fee payment allegations. Since the North Korea remittance case originally stemmed from the lawyer fee payment suspicion, it cannot be overlooked. The lawyer fee payment allegation claims that a large amount of legal fees for lawyers handling Lee’s 2018 Public Official Election Act violation case during his tenure as Governor of Gyeonggi Province were paid on his behalf through Ssangbangwool Group’s convertible bonds (CBs) and other means. Prosecutors believe that Kim Sung-tae, former chairman and actual owner of the group, was involved in the payment on behalf.
In September last year, prosecutors decided not to indict Lee on charges of spreading false information denying the 'lawyer fee payment on behalf' allegation during his 20th presidential election candidacy (violation of the Public Official Election Act), but continued investigating the remaining charges. At that time, prosecutors stated, "The bribery-related parts of the complaint against Lee regarding the lawyer fee payment allegation are unrelated to the short statute of limitations under election law and are still under investigation."
Initially investigating the lawyer fee payment allegation, prosecutors tracked suspicious fund flows within Ssangbangwool Group and detected signs of money being sent to North Korea. Considering this, prosecutors aiming to confirm the background of Ssangbangwool Group’s North Korea remittance cannot start by questioning Lee only about the lawyer fee payment allegation. Since both the lawyer fee payment and North Korea remittance allegations fall under the jurisdiction of the Criminal Division 6 of Suwon District Prosecutors' Office, this possibility is even higher.
If the investigation into the lawyer fee payment allegation is conducted against Lee, prosecutors are expected to conclude the investigations into both the North Korea remittance and lawyer fee payment allegations and decide on Lee’s legal disposition. There is also a possibility that bribery and violation of the Improper Solicitation and Graft Act related to the lawyer fee payment allegation could be added to the charges against Lee, who has already been booked on third-party bribery charges in connection with the North Korea remittance case.
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After the investigation scheduled for the 4th was canceled, prosecutors have begun consultations with Lee’s side to reschedule the investigation within this week. However, Lee’s side has stated that he will attend and be investigated between the 11th and 15th, when there are no plenary sessions of the National Assembly. Amid this situation, Lee’s health condition has emerged as a variable in the summons investigation since he began a hunger strike on the 1st. Han Dong-hoon, Minister of Justice, attending the National Assembly Budget and Accounts Committee plenary session the day before, said regarding Lee’s hunger strike, "Whether or not to conduct a hunger strike and how to do it is a matter of personal freedom, but it should not affect the investigation or trial."
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