Cho Kuk: "Daejang-dong Case, State Cannot Confiscate or Collect... President Lee Gains Nothing"

"Claims That the State Cannot Confiscate or Collect in the Daejang-dong Case"
"Points Out That Seongnam City Has Already Filed a Civil Lawsuit"

Former Jokuk Innovation Party Emergency Response Committee Chairman Cho Kuk commented on the controversy over the prosecution's decision to abandon its appeal in the Daejangdong case, stating, "This case is one in which the state cannot confiscate or recover assets," and argued, "President Lee Jaemyung does not gain any benefit from the abandonment of this appeal."

On November 11, Cho wrote on his social networking service (SNS), "Since becoming a politician, I have tried not to show my background as a former law professor, but I cannot do that in this case," adding, "Many media outlets are reporting the claims of People Power Party politicians such as Han Donghoon regarding the prosecution's decision not to appeal the Daejangdong trial, without any fact-checking." He went on to emphasize, "Article 6 of the Act on Special Cases Concerning the Confiscation and Recovery of Corrupt Assets stipulates when confiscation and recovery of corrupt assets is possible."

Jokuk, Emergency Response Committee Chairman of Jokuk Innovation Party. Photo by Kim Hyunmin

This provision states that 'confiscation or recovery is possible if the corrupt assets are crime victim property and it is recognized that recovery of damages is extremely difficult, such as when the crime victim cannot exercise a claim for the return of property or for damages against the perpetrator.' Citing this article, Cho stressed, "The victim in this case is not the state, but Seongnam City (specifically, Seongnam Urban Development Corporation)," and "Confiscation or recovery is only possible if Seongnam City cannot file a civil lawsuit. However, Seongnam City has already filed a civil lawsuit and has announced that it will increase the amount of damages claimed following the prosecution's abandonment of the appeal."

He continued, "It can be argued that the prosecution's abandonment of the appeal may have a negative impact on the calculation of damages in the civil lawsuit. However, this case is one in which the state cannot confiscate or recover assets," and pointed out, "The People Power Party and conservative media are using a frame that links the abandonment of the appeal to President Lee Jaemyung, but President Lee does not gain any benefit from this abandonment of the appeal."

Song Eonseok, floor leader of the People Power Party, attended the "Supreme Prosecutors' Office Emergency On-site Condemnation Rally" held in front of the main gate of the Supreme Prosecutors' Office building in Seocho-gu, Seoul on the 11th, condemning the prosecution's abandonment of appeal related to the Daejangdong case. Photo by Kang Jinhyung

Cho also referred to a well-known joke circulating in legal circles: "After 10 years as a prosecutor, you don't know civil law; after 15 years, you don't know criminal law; after 20 years, you don't know the law at all." He explained, "If you work as a prosecutor for 10 years, you don't handle civil cases, so you don't know them. After 15 years, when you become a chief prosecutor, you only approve documents, so you don't know criminal cases either. And after 20 years, you start to think you are above the law or that you can manipulate the law as you please, so you stop caring about the law altogether."

This is interpreted as a criticism of some prosecution-origin politicians, including former People Power Party leader Han Donghoon, as well as those inside the prosecution, who have argued that 'the abandonment of the appeal has made it impossible to recover criminal proceeds.'

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