The Supreme Court has denied a request from the Prosecutorial Future Committee's investigation team to access trial records related to Kim Yong, the former deputy director of the Democratic Research Institute.
According to legal sources on July 9, the Supreme Court's first division, led by Justice Seo Kyung-hwan, rejected the investigation team's request for access to the records the previous day. The team had requested the trial records concerning Kim's alleged violations of political funding laws on July 2.
In a statement, the investigation team explained, "In accordance with the guidelines from the Supreme Prosecutors' Office, we are in the process of securing records from seven selected investigations and trials. The request for access to the trial records of Kim Yong, which is currently under review by the Supreme Court, was also submitted through the Supreme Prosecutors' Office."
They added, "We cannot confirm the specific reasons for the Supreme Court's denial of access to the trial records. However, it is necessary for the investigation team to review the evidence submitted by the prosecution to the court, and we plan to reapply to the Supreme Court, providing specific reasons for the need for access to the records."
According to internal guidelines from the Supreme Prosecutors' Office, the investigation team is permitted to collect and secure necessary investigation and trial records and related documents.
However, there are criticisms within the legal community regarding the lack of legal grounds for the investigation team to access the case records.
Former Suwon District Prosecutor General Hong Seung-wook, Kim Yoo-cheol, and Shin Bong-soo, along with former Seoul Central District Prosecutor Song Kyung-ho, issued a joint statement the previous day criticizing the guidelines and regulations related to the investigation team.
They pointed out, "The guidelines related to the investigation team include significant provisions that could undermine the independence of the judiciary and the principles of the rule of law. Investigating individuals who have already testified or are scheduled to testify, as well as reviewing trial materials separately, directly violates the constitutional principle of separation of powers."
Additionally, Kim Min-a, a prosecutor at the Seoul High Prosecutors' Office, noted on July 7 via the internal prosecutor network, "The investigation team is neither a suspect nor a party involved in the case, and therefore does not qualify to access the records under current investigation guidelines and rules for accessing case records."
Meanwhile, the Prosecutorial Future Committee was established on June 10 to investigate allegations of human rights violations and abuse of prosecutorial power. The investigation team is focusing on seven cases, including the Ssangyong Group's North Korean remittance case, the Daejang-dong case, the Kim Yong case, the Wirye New Town case, the shooting of a public official in the West Sea, the statistics manipulation case, and the false reporting allegations against Yoon Seok-yeol.
* This article has been translated by AI.
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