The second comprehensive special investigation team, led by Special Prosecutor Kwon Chang-young, has concluded its 180-day investigation, resulting in the indictment of 58 individuals. However, opinions on the investigation's success are mixed. While the investigation clarified the criminal structure behind the allegations of the presidential residence relocation, key cases related to insurrection and obstruction of justice remain unresolved.
On August 24, the special prosecutor's office reported that it had received a total of 152 cases during the investigation, processing 126 of them. Seven individuals were indicted while in custody, and 51 others, including one corporation, were indicted without detention. The remaining 46 cases and 150 suspects were transferred to the National Investigation Headquarters.
The investigation into the presidential residence relocation, led by Special Prosecutor Jin Eul-jong, yielded the most significant results. The special prosecutor concluded that Kim Geon-hee proposed the construction to an unqualified company, 21Gram, and requested the selection of the company from Yoon Han-hong, a member of the National Assembly. Both individuals were indicted along with accomplices, including former presidential office management secretary Kim O-jin.
As a result of Kim's requests, the construction costs increased from the initial budget of 1.4 billion won to 4.1 billion won. The investigation also confirmed that the presidential office directed the illegal diversion of the Ministry of the Interior and Safety's budget. This led to the indictment of former presidential chief of staff Kim Dae-ki and former administrative secretary Yoon Jae-soon. The investigation uncovered a structure involving the selection of the company, budget misappropriation, bribery, and the suppression of audits, including allegations of Dior clothing provided by 21Gram and the suppression of audits by Audit Committee member Yoo Byeong-ho.
Despite extending the investigation period to 180 days through amendments to the special prosecutor law, the team was unable to resolve issues related to the 'Noh Sang-won notebook,' changes to the Seoul-Yangpyeong Expressway route, and allegations of suppressing investigations into Unification Church gambling.
The notebook of former National Intelligence Service Director Noh Sang-won revealed plans to assassinate key figures using explosives and toxic substances, as well as preparations for detention facilities. The special prosecutor's office conducted on-site verifications in Yeonpyeong-do and Oeum-ri but transferred the case to the National Investigation Headquarters due to refusals to testify from key suspects and time constraints.
In the case of the Seoul-Yangpyeong Expressway, the investigation into former Minister of Land, Infrastructure and Transport Won Hee-ryong included 11 searches, but the team could not determine whether there was any involvement from higher-ups. Similarly, the Unification Church case involved 12 searches and interviews with related individuals, but the investigation failed to clarify any involvement from police leadership.
Allegations of the presidential office's interference in the Suwon District Prosecutor's Office's investigation into North Korean remittances were dismissed due to lack of jurisdiction. The special prosecutor's office reported that it had detected signs of interference from the presidential office, but the court rejected search warrants twice, stating that the targets were not under investigation, leading to failures in questioning key suspects.
The repeated rejection of arrest warrants has also posed challenges. Arrest warrants for former Joint Chiefs of Staff Chairman Kim Myung-soo and former Ground Operations Command Chief Kang Ho-pil were dismissed due to insufficient evidence or legal disputes. The special prosecutor's office now faces the task of proving the charges in court after indicting these individuals without detention.
Controversy has also arisen regarding the exercise of prosecutorial authority, with former Seoul City Council member Lee Jong-bae filing a complaint against Kwon Chang-young for applying charges of obstructing special public duties against National Assembly members Na Kyung-won, Kim Gi-hyeon, Yoon Sang-hyun, and Kwon Young-jin, arguing that such charges are difficult to substantiate. The People Power Party has labeled the indictments of the four members as "politically motivated" and plans to file a complaint.
Internal disagreements surfaced during the process of dismissing insurrection charges due to lack of jurisdiction. Special Prosecutor Kwon Chang-young believed that unconstitutional military command actions are invalid, thus making insurrection charges applicable, while Deputy Special Prosecutor Kim Jung-min held the view that they do not apply based on existing precedents. The special prosecutor's office concluded that the insurrection special investigation team, led by Special Prosecutor Jo Eun-seok, had already indicted the same facts, resulting in a lack of separate jurisdiction.
Questions remain regarding whether the materials obtained just before the investigation's conclusion, related to the "bypassing of martial law command structure," were adequately reviewed. According to reports from Aju Economy, informant Kim Hyun-seok underwent a four-hour video-recorded interrogation on August 22, during which he provided statements regarding the possibility of applying insurrection charges and submitted materials related to the movement of martial law troops.
However, the special prosecutor in charge, Kim, stated that he had not received any reports regarding this investigation. With the insurrection charges concluded due to lack of jurisdiction, there has been no indication of whether the results of the report and materials were conveyed to the National Investigation Headquarters or the Ministry of National Defense.
The composition of personnel for maintaining prosecutions has not yet been finalized. The special prosecutor's office conducted interviews with lawyers up to the day of the announcement and anticipates difficulties in filling the positions for dispatched prosecutors. There is a challenge in ensuring continuity in the transfer of records and maintaining prosecutions, as different personnel from the existing investigation team may take over the trial.
Kwon Chang-young stated, "The initial evaluation of the special prosecutor's office will be made by the court, and ultimately, the public and history will judge it." While the investigation clarified the criminal structure in the presidential residence relocation case, it left unresolved investigations and legal controversies in other cases. The final tally of 58 indictments is expected to be determined in court.
* This article has been translated by AI.
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