Chae Private Special Counsel Concludes, Questions Remain Over 'Yoon's Outrage'... Legal Battle Intensifies [Legal Insight]

[Financial News] The Chae Private Special Counsel team, led by Lee Myeong-hyeon, concluded its investigation period on the 28th and referred 33 individuals, including former President Yoon Suk Yeol, to trial. While the Special Counsel brought most of those implicated in the core allegations of external pressure to court, it failed to uncover the 'motive for the pressure,' leaving some disappointment. There are expectations that the legal battle will be prolonged, as constructing legal arguments for 'abuse of authority and harboring a criminal' applied to several defendants is expected to be challenging.
According to the legal community on the 30th, Special Counsel Lee indicted 33 people, including former President Yoon, in a comprehensive investigation report on the 28th. In particular, regarding the allegations of 'external pressure,' the Special Counsel defined it as a 'serious power-related crime in which officials from the Office of the President of South Korea and the Ministry of National Defense (MND) committed organized abuse of authority to remove former 1st Marine Division Commander Lim Seong-geun from the list of suspects.' The report also explained that, based on statements from participants and officials at the National Security Office meeting presided over by the President on July 31, 2023, they confirmed the circumstances of Yoon's outrage and the retaliatory actions, such as the attempted arrest and detention of former Marine Corps Investigation Chief Colonel Park Jeong-hoon.
However, the 'reason for the outrage,' which triggered the incident, ultimately remained unresolved. Investigations were conducted into the Meotjaeng Marines group chat, which included former Marines such as Jongho Lee, former CEO of Black Pearl Invest and known as a close associate of First Lady Kim Keon-hee, as well as rescue lobbying efforts through figures in the Korean Protestant community. However, no criminal charges sufficient for indictment were found. Park's side commented, 'The reality of lobbying, by its very nature, posed a practical barrier to uncovering the substantive truth about the rescue lobbying,' and also mentioned the need for further investigation into those involved.
The appointment of former Minister of National Defense Lee Jong-sup as Ambassador of the Republic of Korea to Australia, and the associated 'harboring a criminal' charge, is also a major point of contention. The Special Counsel believes that former President Yoon approved Lee's departure out of concern that the investigation would expand to himself, thus applying the charge of harboring a criminal. However, a heated legal debate is expected over whether the requirements of Article 151 of the Criminal Act—specifically, prior knowledge of the possibility of a crime punishable by a fine or greater—were met.
Concerns have also been raised that the dismissal of arrest warrants for many key defendants may be unfavorable in future trials. The court dismissed warrants for five suspects, including former Minister Lee, involved in the external pressure case, stating, 'There is room for legal dispute regarding the main charges.' This is due to the nature of the abuse of authority charge, which requires that the official's actions fall within the scope of their duties and that the abuse compels another to perform an act they are not obligated to do or obstructs their exercise of rights. It has long been pointed out that meeting these requirements is not easy. However, a lawyer in Seocho-dong noted, 'The dismissal of warrants does not eliminate the possibility of contesting the charges at trial.'
Although the investigation has concluded, the main stage now shifts to the court. On the 4th of next month, the first trial for former Division Commander Lim, indicted for occupational negligence resulting in death in the Chae Private case, will be held. The Special Counsel will be reduced to a team of 30 to 40 people and will focus on maintaining the indictment, reinforcing evidence, and organizing witness plans. Detailed strategies are also expected for proving abuse of authority and harboring a criminal against defendants involved in the 'external pressure' case, such as former President Yoon, former Minister Lee, and former National Security Advisor Cho Tae-yong, as well as those implicated in the 'Australia ambassador harboring' case, such as former Minister of Justice Park Sung-jae.
A protracted trial appears unavoidable. Most of the statements related to the case are expected to be submitted as evidence, but it is likely that the defendants will not agree to their admissibility. In such cases, the original witnesses must be called to testify again in court. Given that there are more than 300 suspects and witnesses, the witness examination process alone is expected to take several months to years. A Special Counsel official also stated, 'We have investigated so many people, and especially in the case of the external pressure allegations, there will inevitably be a large number of witness testimonies,' anticipating a significant number of witnesses to appear.
scottchoi15@fnnews.com Choi Eun-sol Reporter