Prosecution Service Drops Appeal in DPK Fast-track Case, but Park Joo-min and Others Proceed to Second Trial

[Financial News] The Prosecution Service has decided not to appeal the first trial verdicts that imposed fines or suspended sentences on former and current Democratic Party of Korea (DPK) politicians indicted over the National Assembly of the Republic of Korea Fast-track system clash. However, as some DPK defendants have filed notices of appeal, a second trial will proceed.
On the 26th, the Seoul Southern District Prosecutors' Office announced it would not appeal the first trial verdicts for Park Joo-min and Park Beom-gye—DPK lawmakers who received suspended sentences of a 3 million won fine for violating the Act on the Punishment of Violent Acts (joint assault)—as well as for ten aides and party officials who were fined between 2 million and 3 million won.
The Prosecution Service stated, "Although some sentences were lighter than our recommendations, all defendants were found guilty of the overall offenses." They added, "Since the offenses occurred during clashes with the opposition over legislative proceedings, it cannot be seen as a one-sided use of force. Considering the need to minimize a dispute that has dragged on for over six years since the incident, we have decided not to appeal, in line with previous related cases." The decision was made after in-depth discussions with the Supreme Prosecutors' Office.
Nevertheless, despite the Prosecution Service dropping its appeal, some DPK defendants have filed their own, meaning the second trial will move forward. As of 1 p.m. that day, eight out of ten DPK defendants—including Park Joo-min, former lawmaker Lee Jong-kul, and Byoung Wook Kim, Secretary for Political Affairs at the Presidential Office—had submitted notices of appeal. Only Park Beom-gye and former lawmaker Pyo Chang-won had not filed appeals.
Since the appeal deadline is midnight, these two may still submit appeals. After the first trial verdict on the 19th, Park Beom-gye stated upon leaving the court, "I was indicted six years ago and have been on trial for five years. I am physically and mentally exhausted, so I am questioning myself whether I should appeal."
However, as only the defendants have appealed, under current law the sentences in the second trial cannot exceed those of the first trial. Park Joo-min and Park Beom-gye, who received suspended sentences of fines in the first trial, are therefore expected to retain their parliamentary seats after the second trial.
They were brought to trial in January 2020 on charges of assaulting and injuring Liberty Korea Party (now People Power Party) lawmakers and staff who blocked the submission of bills at the National Assembly of the Republic of Korea in April 2019.
At the time, the DPK, then the ruling party, sought to designate the Corruption Investigation Office for High-ranking Officials (CIO) Act and the Mixed-Member Proportional Representation System electoral reform bill as Fast-track system items. In response, Liberty Korea Party members occupied National Assembly of the Republic of Korea offices and meeting rooms to block the bills, leading to physical clashes between the parties.
The first trial court stated, "Assault within the National Assembly of the Republic of Korea cannot be justified under any circumstances. Despite their duty to uphold the rule of law, the defendants pushed through legislation using violence rather than dialogue and compromise."
The court continued, "This not only undermined the authority of the National Assembly of the Republic of Korea itself but also damaged the public’s trust and expectations. However, the unique circumstances—such as the occupation and blockade of the National Assembly of the Republic of Korea by Liberty Korea Party members, which paralyzed its functions and halted proceedings for an extended period—must also be taken into account when determining the sentence."
psh@fnnews.com Park Sung-hyun Reporter