[2023 National Audit] Jo Jeonghun: "Judge Yoo Changhoon Ultimately Favored Because He Is an Opposition Leader"... "Underdeveloped Warrant System"

Song Kyung-ho, Head of the Central District Prosecutors' Office, "Many Views Question the Logical Consistency"

Assemblyman Jo Jeonghun of the Transition Korea party commented on the court's dismissal of the arrest warrant for Lee Jae-myung, leader of the Democratic Party of Korea, saying, "I think Judge Yoo Chang-hoon ultimately showed leniency because he is the opposition party leader."

On the 17th, during the National Assembly's Legislation and Judiciary Committee's audit of the Seoul High Prosecutors' Office, Assemblyman Jo made this remark while questioning Song Kyungho, Chief Prosecutor of the Seoul Central District Prosecutors' Office, regarding the dismissal of Lee's arrest warrant.

On the 17th, during the National Assembly Legislation and Judiciary Committee's audit of the Seoul High Prosecutors' Office, Jo Jeong-hoon, a member of the Transition Era party, is questioning Song Kyung-ho, the Chief Prosecutor of the Seoul Central District Prosecutors' Office. Image source=Screen capture from the National Assembly live broadcast.

On that day, Assemblyman Jo pointed out, "There is a very noticeable part among the court's reasons for dismissing the warrant," citing the phrase, "Considering the suspect's circumstances and the fact that the suspect is the current leader of a political party... it is difficult to conclude that there is a risk of evidence tampering."

He then asked Chief Prosecutor Song, "What do you think about this court's judgment?" Song responded, "There are many opinions questioning the logical completeness of the court's warrant decision," adding, "We naturally respect the judiciary's judgment, but we have already expressed that it is difficult to accept the outcome."

In response, Assemblyman Jo said, "When I read this phrase, I think Judge Yoo Chang-hoon ultimately showed leniency because he is the opposition party leader," and added, "If it were an ordinary person with no such considerations, they might have been detained, but taking into account that he is the current leader of a political party, the court dismissed the warrant on the grounds that 'it is difficult to conclude there is a risk of evidence tampering.'"

He continued, "I cannot shake the thought that Judge Yoo fully accepted the reason why Lee Jae-myung so desperately wanted to become a member of the National Assembly and the party leader."

Assemblyman Jo pointed out the need for institutional improvement, saying, "That is why Prosecutor General Lee Won-seok said there is 'a significant difference in opinion regarding the court's decision and its grounds,' and the chief prosecutor said it is 'difficult to accept.'"

Presenting a document he had printed himself, he criticized, "I have read all the court and prosecution regulations regarding detention, but they do not align. The contents differ slightly."

He added, "The court considers whether the suspect can easily give up their occupation. It seems the judge thought that Lee would not easily give up his job. According to the prosecution regulations, the suspect's period of residence in the local community is also considered. Lee had recently moved from Seongnam to Incheon, and it seems the prosecution took that into account as well," adding, "Because the standards differ like this, the warrant dismissal rate reaches up to 18%."

Assemblyman Jo said, "Regarding Lee's arrest warrant case, if you conduct a blind test asking 10 judges whether to dismiss or issue the warrant, the result would never be 10 to 0. It could be 5 to 5, and it may vary by individual."

He asked Chief Prosecutor Song whether the decision to request an arrest warrant for a suspect is made by a single prosecutor in charge or by a team and within an overall system. Song replied, "We make decisions by gathering opinions from the prosecutors involved in the investigation, the leadership, including myself, the deputy chief, and the department heads."

Assemblyman Jo stated, "The prosecution uses collective intelligence to decide whether it is appropriate or not, but the court is in a situation where a single warrant judge makes a blanket decision," adding, "Regarding the criminal justice system's arrest warrants, this is not a country run by a system but a backward country run by individuals. I think it shows a typical example of a backward system operated by people."

He said, "I believe that the regulations interpreting the Criminal Procedure Act should at least be consistent from the perspective of citizens receiving legal services," and added, "While the court system itself has problems, the difference between the prosecution's and the court's regulations has significantly contributed to the 18% warrant dismissal rate."

Chief Prosecutor Song responded, "I will keep your remarks in mind and make various efforts to establish a criminal justice system framework."

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