Corruption Investigation Office for High-ranking Officials (CIO) finds no wrongdoing by Kim Keon Hee special counsel over 'failure to transfer Family Federation for World Peace and Unification (Unification Church) political money allegations'... Why? (Updated)

[Financial News] The Corruption Investigation Office for High-ranking Officials (CIO) issued a disposition of no suspicion against officials of the Kim Keon Hee Special Prosecutor Team (Special Counsel Min Joung-kie), who had been reported for failing to immediately transfer allegations that the Family Federation for World Peace and Unification provided money and valuables to politicians to another investigative agency, even after obtaining related testimony. The decision was based on the finding that it was difficult to conclude that those involved intentionally abandoned or neglected their duties to conceal related crimes.
A CIO official said at a regular briefing held on the 29th at Government Complex Gwacheon, "On the 28th, we issued a disposition of no suspicion due to insufficient evidence against the special counsel and other suspects who had been reported for failing to transfer the necessary case related to allegations that the Family Federation for World Peace and Unification provided money and valuables to politicians."
According to CIO, the Kim Keon Hee special counsel investigation team obtained testimony in August last year from a former head of the Family Federation for World Peace and Unification indicating that money and valuables had been provided to some politicians.
The prosecutor in charge prepared a report on the interview, and the report was found to have been submitted to the special counsel after being reported internally to the investigation team. However, the investigation team at the time was found to have taken no investigative action beyond filing the interview report in the investigation records.
CIO focused its investigation on whether this response constituted dereliction of duty under the Criminal Act.
Dereliction of duty is established when a public official refuses to perform or abandons official duties without justifiable grounds. Under Supreme Court of Korea precedents, a mere delay in performing duties or a mistake made in the course of carrying out work is insufficient; it must be possible to regard the official as having consciously abandoned those duties.
Based on these legal principles, CIO investigated the special counsel investigation team's decision-making and handling of the case. During the investigation, the special counsel, the deputy special counsel and prosecutors involved in the case reportedly stated that they had considered transferring the case to another investigative agency based on the former head's testimony.
Internal investigation team reports obtained by CIO through a search and seizure of the special counsel's office also showed that the team had considered how to handle and transfer the case related to the testimony. CIO explained that the prosecutors involved consistently stated that they had never been instructed by the special counsel or deputy special counsel to delay or conceal the investigation into the case.
CIO also took into account the fact that, even if the former head's testimony was true, it was difficult to definitively determine that the allegations of politicians receiving money and valuables fell within the scope of cases subject to investigation under the Kim Keon-hee Special Counsel Act at the time.
The Kim Keon-hee Special Counsel Act requires cases that the special counsel has been unable to complete within the investigation period to be handed over to the relevant authorities. However, CIO determined that the law does not clearly specify when cases outside the special counsel's investigative jurisdiction must be transferred to another agency.
The case was subsequently sent to the police in October last year, and a police investigation was found to have been conducted.
Taking these circumstances together, CIO determined that it was difficult to conclude that the special counsel officials intentionally abandoned or neglected their duties to conceal related crimes. It added that no other evidence or circumstances supporting such a conclusion had been found.
A CIO official explained, "In connection with this case, we questioned all prosecutors and investigators involved in the response at the time, and the special counsel was also included among those investigated."
[email protected] Yoo Sun-joon Reporter