Former Audit Officials Face Trial for Allegedly Manipulating Presidential Residence Audit

The trial of former officials from the Board of Audit and Inspection, accused of manipulating evidence and audit reports to cover up the audit of the presidential residence relocation project, has begun.

The Seoul Central District Court's Criminal Division 27, presided over by Judge Woo In-seong, held the first preparatory hearing on September 22 for Choi Mo, the former head of the Administrative Safety Audit Bureau, who faces charges of abuse of power, and Son Mo, the former first division chief, who is charged with obstructing official duties.

The preparatory hearing is a procedure to confirm the positions of both the defendants and the prosecution before the main trial begins and to organize plans for future hearings. Neither Choi nor Son attended the hearing.

When the court asked about the key issues, Choi's side responded, "We dispute the facts," referring to whether they received reports or were aware of the situation. They also expressed doubts about the legal basis for charges of abuse of power or obstruction of official duties, asserting that they had no awareness of any falsehood.

Son's attorney also questioned the special prosecutor's identification of two instances of leaking official secrets, stating, "One of them has legal issues," and argued that it does not make sense to question someone without stating necessary facts for the performance of duties, thus disputing the claim of leakage.

Additionally, Son's side indicated plans to contest the confidentiality and legitimacy of the audit report and interim report, stating, "We have substantial legal arguments and intend to correct the inaccuracies in the facts through witness testimony."

Son's team also noted that the indictment contains unnecessary facts, suggesting that it portrays them as acting in unison with Yoo Byung-ho, the former Secretary General of the Board of Audit and Inspection.

Choi's side similarly pointed out that while the indictment does not reach the level of prejudgment, it seems to instill bias if it includes background information.

The principle of avoiding prejudgment in indictments requires that only facts directly related to the crime be included to prevent the court from forming a bias regarding the defendant's guilt or innocence.

The court instructed both sides to submit opinions on the issues and the indictment and scheduled the next preparatory hearing for October 20.

The special prosecutor's office indicted the former officials for allegedly distorting statements and evidence and preparing an audit report that differed from the facts, even after the Audit Committee's decision to withhold the audit results in May 2024.

Choi is accused of abusing his authority around June 2024 by directing the exclusion of violations of the Construction Industry Basic Act by 21gram, the construction company involved in the presidential residence project, from the audit report. This relates to Article 16, Paragraph 1 of the Construction Act, which mandates registration during contract bidding.

Son is accused of preparing a questionnaire and confirmation document that contradicted the actual statements of the representative and site manager of 21gram around July 2024 and entering them into the electronic audit system. He faces charges of neglecting his duties and creating and using false official documents.

Both are also charged with obstructing the Audit Committee's execution of its duties by providing distorted statements and an inaccurate audit report.