Opposition and civic groups blasting decision to give case to an understaffed division when more than 100 witnesses have been identified
Prosecutors are dragging their feet in investigating Choi Sun-sil, claiming a “lack of clear criminal charges” despite deepening allegations surrounding the Mir and K-Sports Foundations, including claims that Choi set up shell companies overseas.
The allegations over the Mir and K-Sports Foundation began with claims that companies were forced into raising large amounts of funds to provide as donations. Recently, the scandal has been growing amid recent new revelations that Choi (born Choi Seo-won) attempted to divert foundation funds by setting up her own private companies in Germany. The discovery that Choi, a close personal associate of President Park Geun-hye, was the actual owner of the companies suggests a growing need to investigate her activities.
But prosecutors have so far not shown an active attitude on the case, claiming the charges in the complaint against Choi are not clear. Late last month, Spec Watch lodged a complaint with prosecutors charging Choi, Blue House Senior Secretary to the President for Policy Coordination Ahn Jong-beom, and around 80 executives that donated money to the corporation with bribery and breach of trust. The argument from prosecutors is that considering their standing and alleged actions, now is not the stage for rushing into searches or seizures or other forceful investigation tactics.
“As an investigative body, prosecutors can only carry out an active investigation when there are criminal charges. Right now, we’re at the stage of examining the charges,” said a source with Seoul Central District Prosecutors’ Office. “We can’t immediately expand the investigation to include all the allegations that have been made in the media.”
The passive approach from prosecutors was predicted from the time the case was assigned. On Oct. 5 - six days after receiving the complaint against Choi, Ahn, and other alleged “unelected power brokers” - prosecutors assigned it to its eighth criminal division under chief prosecutor Han Woong-jae. The division in question typically deals with cases involving complaints and accusations in connection with real estate. Just three prosecutors were assigned to the investigation - including the chief prosecutor. Opposition party lawmakers and civic groups blasted the decision to give the case to such an understaffed division when more than 100 witnesses have been identified to date, interpreting it as a sign that the prosecutors are not committed to the investigation.
Responding to questions at a parliamentary audit on Oct. 18 from opposition party lawmakers demanding a larger investigation team, Justice Minister Kim Hyun-woong said the investigation approach would “be considered in line with the processes of the [Mir] investigation.” The message was that the team could be expanded, or a special investigation team formed, once the allegations become more concrete. Indeed, prosecutors initially assigned an investigation of Senior Secretary to the President for Civil Affairs Woo Byung-woo to the Seoul Central District Prosecutors’ Office first investigation division, only to later set up a special investigation team headed by the current High Prosecutors’ Office chief as the allegations grew and became more specific. The bribery investigation of former senior prosecutor Jin Kyung-joon was initiated by the Seoul Central District Prosecutors‘ Office first criminal division before being expanded with the creation of a specially appointed prosecution team.
But some argue the prosecutors’ recent politically biased behavior suggests the chances of the investigation expanding are slim.
“Judging from the election law indictments where opposition parties are held to a uniquely strict standard or the haste with which the case on [claims in former Minister of Foreign Affairs and Trade] Song Min-soon‘s memoirs has been pursued, it’s looking unlikely that the prosecutors will expand an investigation where powerful figures in the current administration have been implicated,” said one attorney and former prosecutor.
Indeed, in their recent indictments in connection with election law violations during the general elections on Apr. 13, prosecutors declined to press charges against prominent members of the Saenuri Party’s pro-Park Geun-hye wing like Yoon Sang-hyun and Choi Kyung-hwan, despite concrete evidence against them - but pursued indictments against several party leaders and prominent lawmakers on the opposition side, including Choo Mi-ae and Park Young-sun. The National Election Commission also took the unusual step of issuing requests for decisions on Saenuri Party lawmakers Kim Jin-tae and Yeom Dong-yeol, both of whom prosecutors decided not to press charges against.
By Choi Hyun-june, staff reporter
