South Korea Prosecutor

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107TH INTERNATIONAL TRAINING COURSE

VISITING EXPERTS’ PAPERS

THE CHARACTERISTICS OF THE KOREAN PROSECUTION


SYSTEM AND THE PROSECUTOR’S DIRECT INVESTIGATION

Lee, Jung-Soo*

I. PROLOGUE the Korean prosecution system, the


prosecutor’s control of the police, and the
Since the dawn of history, every civilized
prosecutor ’s discretionary power in
country has developed its own investigation
deciding whether to indict a specific person,
system, exercised investigatory power,
thereby explaining how investigation is
cracked down on criminals and indicated
conducted in Korea and human rights are
them. In other words, every country has
protected.
been imposing upon criminals appropriate
Finally, I will try to help you understand
sanctions commensurate with their crime.
the direct investigation activities and
Every civilized country has invested its
authorities of prosecutors by briefly
legal system derived from its national
explaining the corruption case of Roh Tae
consensus. Under the system, each country
Woo, the former Korean president, and the
has organized investigative and judicial
illegal loans in the Hanbo Conglomerate
authorities and enacted criminal procedure
case which caught the attention of the
laws which govern the investigation
world.
process. Through such a system, each
country has maintained national order and
II. CHARACTERISTICS OF THE
secured the human and welfare rights of
KOREAN PROSECUTION SYSTEM
its citizens.
Today, crime is being committed in more A. Two Faces of the Prosecutors’
sophisticated methods and in a more Organization
organized form. In addition, new types of The authority of prosecutors is basically
crime are continuously occurring. To similar to the executive power because the
effectively deal with such situations, ultimate purpose of the prosecutors’
investigative organizations are also getting organization is the imposition of
systematized and scientific in terms of appropriate punishment upon criminals.
organization and investigation methods. On the other hand, it also has a judicial
Especially in the Republic of Korea, character since indictment and
prosecutors play a main role in the participation in the trial process has much
investigation and judicial process. to do with judgments. Therefore, these two
Prosecutors initiate investigation or direct are the most representative features of the
the police regarding a specific crime. Korea prosecution system.
Prosecutors are the only authority in Under the Korean laws, each prosecutor
deciding whether to indict a specific has independent authority free from any
suspect, participate in trial and execute pressure in exercising his/her power, for
judgements made by judges. example, in the investigation of crime,
In connection with the topic of this participation in the trial process and the
training course, I would like to focus my execution of judgments. In this respect,
presentation on special characteristics of prosecutors have the same independence
in performing their works as judges have.
* Deputy Chief of Suwon District, Public Prosecutor’s On the other hand, to enable prosecutors
Office, Republic of Korea. to effectively achieve their purpose (which

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is to maintain national order and peace), To my knowledge, prosecutors in most


prosecutors form a pyramid organization, countries should, in principle, prosecute a
at the top of which is the Prosecutor- suspect if there is enough evidence to
General. In this respect, the Korean prosecute that person, and only under
prosecution system has an executive exceptional circumstance can prosecutors
character. decide not to prosecute such person.
The Prosecutors’ Office is under the However, under Korean law, prosecutors
Ministry of Justice which is one of the have the general and broad authority not
executive departments. to prosecute a suspect. This discretionary
power, if exercised well and fairly, helps
B. Leader of Criminal Investigation prosecutors take into account criminal
The most remarkable characteristic of policy factors regarding a specific suspect
the Korean prosecution system is that at the pre-indictment stage. On the other
prosecutors play a leading role in the hand, it is also possible that prosecutors
criminal investigation. Prosecutors not might abuse such power. Thus, I believe
only conduct direct investigation, but also that such power should be exercised
give instructions to the police in connection carefully and appropriately. In addition,
with a criminal investigation. Prosecutors there should be certain kinds of control
are legally entitled to control and supervise systems in order to prevent abuse of that
the police regarding criminal power.
investigations. Accordingly, police obey
prosecutors’ instructions as far as criminal III. AUTHORITY OF KOREAN
investigations are concerned. Thus, PUBLIC PROSECUTORS
prosecutors are the supreme and ultimate
A. Criminal Investigation
authority in criminal investigation, and the
Korean prosecutors have the authority
police serve as assistants to the
and duty to investigate all crimes.
prosecutors. Our system differs from that
Investigation authority is an inevitable
of the United States of America in that
premise of indictment and the starting
American prosecutors have no authority to
point in imposing punishment upon
investigate crimes. It also differs from the
criminals. Under Korean law, the
Japanese prosecution system in that
authority to investigate crimes is vested in
prosecutors and police in Japan are in a
t h e p r o s e c u t o r s . C o n s e q u e n t l y,
cooperative relationship, whereas Korean
prosecutors, as the leaders or main players
prosecutors and police are in an order-
of criminal investigation, control and direct
obeyance relationship. In this respect, the
the police who are the assistants to the
Korean prosecution system is similar to
prosecutors.
that of France or Germany.
B. Indictment and Maintenance of
C. Discretionary Power of
Indictment
Indictment
As the only prosecuting authority,
Another feature of the Korean
Korean prosecutors have the power to
prosecution system is that prosecutors
decide whether or not to prosecute a
have the discretionary power to decide
suspect.
whether or not to prosecute a suspect.
In the case that a prosecutor chooses to
Prosecutors can decide not to prosecute a
indict a person, the prosecutor has the duty
suspect even if there is sufficient evidence
to participate in the trial and maintain
for prosecution.
indictment until a final court judgement

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107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

has been rendered. In an exceptional case, D. The Right to Direct and


the prosecutor can remand the indictment. Supervise the Execution of
Under the Korean Criminal Procedure Judgments
Law, indictment by a private person is not In Korea, prosecutors direct and
allowed and only the government can indict supervise the execution of all criminal
a suspect. Of the many departments of our judgments, e.g., direction and supervision
government, the prosecutors’ office of the execution of arrest warrants, search
monopolizes the authority of prosecution. or seizure warrants and final criminal
In addition, as I have already mentioned, judgments. This was designed based upon
prosecutors have the discretionary power the belief that the appropriateness of
to suspend prosecution even if there is warrant execution and the protection of
sufficient evidence to maintain prosecution. individual rights in connection with such
Prosecutors suspend prosecution when execution could best be secured by
they think the benefit of non-prosecution entrusting those duties to the prosecutors
is greater than the cost of prosecution. It who represent the public interest.
enables prosecutors to take into account
criminal policy factors when deciding E. Authority and Duties as
whether to prosecute a suspect. Representatives of the Public
Interest
C. The Right to Direct and Korean prosecutors, as representatives
Supervise Judicial Police of the public interest, directly participate
Officers or direct public officials to participate in
Korean prosecutors have the legal right civil suits in which the government is a
to direct and supervise judicial police party or in which the government has an
officers as far as criminal investigations are interest. In these civil proceedings, the
concerned. Under Korean law, prosecutors Korean Minister of Justice represents our
are the czars of criminal investigations. government. Even though an executive
Consequently, judicial police officers are department or its subsidiaries becomes a
obliged to obey the prosecutors’ orders defendant in an administrative suit, the
which are issued based on the prosecutors’ prosecutors direct public officials of the
legal authority. department or participates in the trial
Generally speaking, judicial police because the prosecutors are legal experts
officers serve as members of the executive. and representatives of the public interest.
However, they are all under the control of
the prosecutors when they perform judicial IV. STATUS OF PROSECUTORS
police work in connection with criminal
A. Nature of Prosecutor’s Office
investigations. This system is based on the
1. Independent Office
belief that due process and individual
The public prosecutor’s office is under
rights will be best protected by enabling
the Ministry of Justice, which is a
prosecutors to play a leading role in
department of the executive. In this
criminal investigation since they are legal
respect, the nature of the public
experts and are guaranteed independence
prosecutor’s office is different from that of
and a high status. It is also the best way
judges, who belong to the judiciary. The
to effectively indict a suspect and to
prosecutor ’s office is, however, an
maintain such an indictment.
independent organization which makes its
own decisions. In other words, the
prosecutor’s office is not an assistant to the

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Prosecutor-General or the chief prosecutor prosecutor. The Prosecutors’ Office is


of the district public prosecutor’s office. composed of many individual prosecutors
and it coordinates the prosecutors’ work.
2. Status as Quasi-Judges However, it does not itself exercise
The duties which prosecutors exercise prosecutorial authority. Although the chief
are basically executive ones. However, prosecutor of a specific prosecutors’ office
these duties should be exercised with the directs and supervises each prosecutor
same fairness and strictness as required attached to it, the exerciser of prosecutorial
in exercising judicial power. In other authority is each individual prosecutor.
words, the duties of prosecutors, consisting Consequently, it is for the individual
of criminal investigation, indictment, prosecutor to decide policy and exercise the
maintenance of indictments, and the prosecutorial authority.
execution of judgments, etc., has much to
do with judicial responsibilities, and D. Appointment, Rank and
therefore need to be exercised very Assignment of Public Prosecutors
carefully to achieve justice. Accordingly, In Korea, the qualifications to become
prosecutors not only have the status of public prosecutor are identical to that of a
executive officers but also that of quasi- judge and an attorney. Anyone who wants
judges. to be appointed as a public prosecutor must
pass the Judicial Examination held by the
B. Protection of Status of Public Administrative Department and then
Prosecutors complete the two-year training course at
To ensure the fair execution of the the Judicial Research and Training
prosecutors’ duties and prevent pressure Institute, which is supervised by the
from other persons, prosecutors are given Supreme Court.
the same protection as judges. Specifically, The number of examinees who
our laws provide that the term of the office successfully passed the Examination in
of the Prosecutor-General is two years and 1995 was 300. It was 500 in 1996 and will
that the prosecutor shall not be subjected be 600 in 1997. As you can guess, the
to dismissal, suspension from office or Korean government is increasing the
r e d u c t i o n o f s a l a r y, e x c e p t b y number each year. Comprehensively
impeachment, judgment of imprisonments taking into account the budget and work
and disciplinary action. The number of load, we draw up a plan regarding the
prosecutors, the salary and disciplinary number of prosecutors to be newly
proceedings are also stipulated by law. The appointed each year. In fact, we appoint
purpose of specifying such matters by law around eighty to ninety new prosecutors
is to protect securely the status of each year and assign them to each district
prosecutors, and thereby enable public prosecutors’ office. The total number
prosecutors to perform their duties free of public prosecutors in Korea was 1,072
from any unjust interference. as of September 1, 1997.
The appointment and assignment of all
C. Independent Status of Public prosecutors are made by the President
Prosecutors upon the recommendation of the Ministry
Under Korean law, the aforesaid duties of Justice.
of prosecutors are vested in each individual There are four ranks of public
prosecutor as an independent office. prosecutors: Prosecutor-General, Senior
Therefore, it is not true that all the Chief Public Prosecutor, Chief Public
prosecutorial authority belongs to the chief Prosecutor, and Public Prosecutor.

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107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

Requirements for appointment and on the Minister’s right to direct or supervise


assignment to each rank are different. prosecutors.

E. Principle of Identity of Public V. ORGANIZATION OF KOREAN


Prosecutors PUBLIC PROSECUTOR’S OFFICE
The Principle of Identity of Public
A. Kind and Name of Public
Prosecutors means that all prosecutors,
Prosecutors’ Office
each of whom is an independent office, form
The public prosecutor’s office consists of
a uniform and hierarchical organization,
the Supreme Public Prosecutor’s Office,
at the top of which is the Prosecutor-
five High Public Prosecutor ’s Offices,
General. This principle was designed to
twelve District Public Prosecutor’s Offices
have all prosecutors perform their work as
and forty branches as of January 1997.
one body and cooperate with each other.
The Supreme Public Prosecutor’s Office
Accordingly, even if a specific prosecutor’s
is in Seoul, and it corresponds to the
work is done by another prosecutor, it does
Supreme Court. The High Public
not make a difference in terms of legal
Prosecutor’s Offices are in five major cities,
effect.
corresponding to the High Courts. The
District Public Prosecutor’s Offices are in
F. Right of the Ministry of Justice to
forty cities and counties, and correspond
Direct and Supervise Public
to the District Courts or Family Courts
Prosecutors
(Figure 1).
Public prosecutors are executive officials
belonging to the Ministry of Justice.
B. Structure of the Prosecutor’s
Although the activities of the public
Office
prosecutors are judicial, the Minister of
In each prosecutor’s office, there is one
Justice, as the supreme supervisor of
chief prosecutor who generally controls the
prosecutors, directs and supervises
work of that office. Right below the chief
prosecutors in regard to the general
prosecutor is the deputy chief prosecutor
prosecutorial work. However, the Minister
who assists the chief prosecutor or executes
can only direct and supervise the
some of the chief prosecutor ’s work
Prosecutor General with respect to specific
vicariously. Below the deputy chief
cases. A specific case means one dealt with
prosecutor are several directors who are
by a specific prosecutor. With respect to a
the chiefs of several divisions. All work of
specific case, only the Prosecutor-General
the office is divided into several parts and
can direct and supervise a prosecutor in
assigned to each division depending upon
terms of investigation, indictment,
the character or nature of the work.
maintenance of indictment and execution
Several prosecutors are assigned to every
of final judgments.
division.
Since prosecutors are executive officers
In addition, there is support staff in each
belonging to the Ministry of Justice and the
of the prosecutor ’s office, who assist
Minister is the one who bears the political
prosecutors in investigation, in drawing up
responsibility, prosecutors are generally
or keeping documents, trial, etc. The staff
under the supervision of the Minister. On
belong to each of the above divisions and
the other hand, prosecutors should be free
the general affairs bureau. They
from any unjust pressure from political
sometimes even investigate cases based on
parties and other executive departments.
the prosecutor ’s order or draw up
This is the reason why we place restrictions
documents.

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VI. DIRECT INVESTIGATION BY Prosecutor ’s Office. Senior public


PROSECUTORS prosecutors are usually in charge of the
Criminal Intelligence Management Office
A. Necessity of Direct Investigation
or Divisions I, II, and III. As of September
When a crime is committed, the police
1, 1997, seventy officers were working in
officers that belong to the National Police
the CID.
Agency usually conduct the criminal
investigation. However, public prosecutors
2. Duties
themselves conduct criminal investigations
The main duty of Divisions I, II, and III
in the case of special offenses such as
is to investigate special criminal cases,
corruption by public officials, tax evasion,
whereas the Criminal Intelligence
offenses related to huge economic incidents,
Management Office collects and manages
and intellectually and legally complicated
criminal information. In relation to the
offenses. To increase the efficiency of
administrative service, the Investigation
criminal investigation for such cases, the
Planning Office makes plans of
Supreme Public Prosecutor ’s Office
investigative operations, controls and
established the Central Investigation
supervises them, and cooperates with other
Department and the District Public
institutions dealing with criminal
Prosecutor’s Office established the Special
investigation. Divisions I, II and III are
Investigation Department.
under the control of the Investigation
Planning Office. The CID mainly
B. Supreme Public Prosecutor’s
investigates corruption by high-ranking
Office and Central Investigation
government officers such as ministers of
Department
the government, members of the National
1. Organization Assembly, presidents of banks, and other
The Supreme Public Prosecutor’s Office high-ranking officers in the central
(hereinafter called SPPO) consists of the government. This Department also
General Affairs Department, the Central investigates criminal cases connected to
Investigation Department (hereinafter huge economic incidents—e.g., tax evasion
called CID), the Criminal Department, the by a conglomerate.
Violent Crime Department, the Public
Security Department, the Inspection C. Special Investigation Department
Department, the Criminal Trial and Civil in the District Public Prosecutor’s
Litigation Department, and the Office
Administration Bureau. The Chief Public
1. Organization
Prosecutor is in charge of each department,
Special Investigation Departments have
except the Administration Bureau, of which
been established in eight District Public
is headed by an administrative official.
Prosecutor’s Offices and consist of a senior
The Director of the CID, the Chief Public
public prosecutor, three or four public
Prosecutor, has under his control five senior
prosecutors and special agents. As an
public prosecutors who are the Director of
exception, there are three senior public
the Investigation Planning Office, the
prosecutors, eighteen public prosecutors,
Criminal Intelligence Management Officer,
and 100 special agents in the Seoul District
and the heads of Divisions I, II and III. The
Public Prosecutor’s Office. The special
Director of the Investigation Planning
agents are public prosecutor ’s office
Office is a veteran senior public prosecutor
personnel, but they are not police
and has the same rank as the Deputy Chief
personnel.
Public Prosecutor in the District Public

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107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

2. Duties assemblies, articles of journals and


These departments investigate special newspapers, and rumors in the stock
criminal cases including corruption by markets.
public officials and tax evasion. These
departments also collect data and 2. Enforcement Group
information related to special crimes. In the Special Investigation Department
of the Seoul District Public Prosecutor’s
D. Investigation Procedure Office, there are six enforcement groups
In criminal cases, the police and thirty- consisting of two to three public prosecutors
four special investigative agencies initiate and about 10 special agents. They
the basic investigation. However, the investigate criminal cases on the basis of
Criminal Procedure Code vests the power their speciality. The head of each
of initiation and the conclusion of criminal enforcement group is managed by a public
investigation solely in the public prosecutor of varied experiences. Each
prosecutors. Therefore, the police and group has its own specialized field such as
special investigative agencies serve only as the financial and economic field, the
assistants to the public prosecutors and construction and scientific technology field,
should conduct their investigations in and the corruption field. However, the
accordance with the general standard and/ enforcement groups are not restricted to
or special directions issued by the public their corresponding specialized field. Each
prosecutors and transfer all cases group can investigate other fields, if
mandatorily to the public prosecutors for necessary.
the conclusion of investigations. Other District Public Prosecutor ’s
Public prosecutors themselves directly Offices are planning to establish such an
investigate criminal cases related to enforcement group.
nationally recognized high-profile incidents
or intelligence cases. 3. Money Laundering and Its
Trace
1. Criminal Information The most important factor in the
Collection investigation of corruption by public
One of the most important operations in officials is tracing the source of the bribe
criminal investigation is the collection and that public officials received. Because the
management of criminal information. As bribery of public officials takes several
the society rapidly changes, criminal stages and because it is clandestine and
methods and types become manifold, intelligent, it becomes more and more
organized and sophisticatedly intelligent. difficult to trace the source.
Under such circumstances, the necessity In regards to money laundering, the
of a systematic management and collection Financial Action Task Force on Money
of criminal information was raised by the Laundering (FATF) was established at the
public prosecutor’s offices. Accordingly, the G7 Summit in 1987 to provide policies
CID in the SPPO established the Criminal coping with money laundering. Twenty-
Intelligence Management Division on six countries of the OECD are affiliated
March 1, 1995. Since then, twelve District with the FATF. Korea is now considering
Public Prosecutor ’s Offices and forty joining it.
branches established a Division. Division Korea does not have a “Money
officials collect criminal information Laundering Control Act”, which
through diverse sources—especially criminalizes money laundering itself.
through minute books of national and local However, Korea enacted “The Special Act

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RESOURCE MATERIAL SERIES No. 53

against Illicit Drug Trafficking”, which with any information about the people
contains punishment provisions for money involved in order to protect their rights and
laundering related to drug crimes. the secrecy of the investigation before the
Consequently, only money laundering trial. According to Korean Criminal Law,
related to drug crimes is criminalized and prosecutors, police officers and other
can be punished in Korea. Even though it personnel connected to the investigation
is necessary to crimiminalize money can be punished when they release
laundering itself, it is difficult to do so information before the trial. Sometimes,
because of the protection of confidentiality reporters discover the investigation
in financial transactions. information through the copy of arrest or
To trace illegal fund, the SPPO organized search warrants obtained in court. This is
an investigation team consisting solely of because they have easy access to the
officers of the Office. If necessary, the Office warrant in court.
can request the dispatch of officers from From the viewpoint of the mass media,
the Bank Inspection Board and the the people have a right to know and thus
National Tax Administration. The SPPO the mass media, emphasizing freedom of
published the book, “The Reality of the press, try to report the facts. The
Financial Transaction and Its Trace,” problem is that media agencies compete
which speaks about money laundering and with each other to report unproven or
the investigations surrounding it. unconfirmed information and rumors.
Such reports themselves may interrupt the
4. Places of Investigation investigation and violate civil rights. Thus,
In the past, public prosecutors used prosecutors ask for the correction of news
hotels or secret places to maintain based on unproven information by the
confidentiality in the investigation of responsible media agency and prohibit the
corruption by high-ranking government reporters from entering the Public
officials and tax evasion by a conglomerate. Prosecutor’s Office. Sometimes, the press
In principle, public prosecutors investigate club itself prohibits the reporters
such cases only inside the building of the responsible for the news from gaining
public prosecutor’s offices now. The SPPO access to the press club room of the Office.
and the Seoul District Office have special
investigation rooms which only prosecutors VII. THE CORRUPTION CASE OF
in charge are admitted. Even other fellow FORMER PRESIDENT ROH
prosecutors are restricted from entering. TAE WOO
Since October 1995, the CID
F. Prosecutor’s Investigation and
investigated the charges of bribery and
the Mass Media
graft cases of former President Roh Tae
Because the effect of the prosecutor’s
Woo, along with the then Defense Minister,
investigation on the society is enormous,
presidents of banks, and the other high-
reporters always pay attention to
ranking government officials. I introduce
prosecutors who are in charge of important
now the bribery and graft cases of former
cases in order to obtain important sources
President Roh.
of information. Reporters also try to catch
people who come to the Office in relation
A. Background of Investigation
to the investigation and thereby attempt
After the Real Name Financial
to cover all stories about the investigation.
Transaction Regulation came into effect in
However, the Office does not provide them

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107TH INTERNATIONAL TRAINING COURSE
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August 12, 1993,1 there was a rumor of a Roh had several bank accounts of the slush
huge slush fund circulating in the stock fund. The amount of total transactions in
markets and the private loan markets. In Roh’s accounts was approximately 74
August 1995, the Government billion won (US$100 million) and the
Management Minister Seo Seok-jai at that balance was 36.5 billion won (US$45
time reportedly told reporters under the million dollars). These accounts had been
condition of being “off the record” that close managed by a presidential resident
aides of one of the two former presidents financial officer. It was revealed in the
had approached the ruling camp and asked process of the investigation that the
whether the fund, amounting to 400 billion presidential financial officer followed the
won (US$500 million dollars), could be order of the Chief of the Presidential
converted to the former president’s bank Security Service and opened several bank
accounts using fake and borrowed names. accounts using borrowed names in several
This rumor was reported by the press. banks. After this investigation, Roh
Along with the increase in the national announced in his apology speech that for
interest and suspicion of the slush fund, five years during his presidency, he
Congressman Park Kay-dong of the received about 500 billion won (about
opposition Democratic Party announced at US$630 million) from business owners and
the National Assembly’s plenary session in that the remainder of the accounts was 170
October 19, 1995 that the former President billion won (US$212 million).
Roh had several bank accounts using Roh was summoned on November 1,
borrowed names. Congressman Park 1995 and became the first former president
presented bank account balances as in Korean history to be arrested and
evidence of the slush fund. Bank clerks detained in prison on November 16th for
confirmed the evidence on the same day. the violation of the special act on additional
Accordingly, the prosecutorial authorities punishment for bribery. The next day, the
began to investigate the case, with a strong former Chief of the Presidential Security
will, that although it was a historical Service was arrested and detained too.
bribery and graft case of a former president Along with the arrest, more than sixty
which had never happened in Korea before, people related to the case of false name
prosecutorial authorities would convict him bank accounts, most of whom were high-
and, if found guilty, impose a severe ranking government officers and bankers,
sentence on the purpose of the were summoned and investigated. In
improvement of justice in Korea, and in relation to the bribery, about 200
turn resolve the suspicion that people have businessmen, including thirty-nine of the
about public officials. nation’s major business owners, were
brought in for interrogation. In relation to
B. Investigation Process obtaining illegal real estate, about forty
Holding the search warrant for Roh’s people including Roh’s relatives by
bank accounts that Congressman Park marriage and his close aids were
revealed, the CID traced the slush fund and investigated. In relation to the
summoned the then Chief of Presidential investigation of money laundering and the
Security Service. The CID confirmed that illegal purchase of real estate, 500 bank
accounts were traced and investigated.
1 Under the presidential decree on the mandatory For the investigation of this huge slush
use of real names in all financial transactions, no fund case, the prosecutorial authority
fund can be opened using either a false or borrowed mobilize ninety-two officers, including the
name. Investigation Planning Officer, public

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prosecutors of Divisions II and III in the rendered a judgment dismissing Roh’s


CID, public prosecutors of the Seoul appeal on April 17, 1997. Business owners
District Prosecutor’s Office, officers from who gave bribes to Roh were sentenced to
the Office of National Tax Administration, imprisonment and suspension of execution
and officers from the Bank Supervision of sentence in the appellate court.
Office.
VIII. CRIMINAL INVESTIGATION
C. Indictment ORGANIZATIONS OF KOREA
Indictments were determined by the
A. Organizations
situation in which big business owners
Criminal investigation organizations of
gave bribes in return for government
Korea are divided into two categories. One
favors, the size of the bribes, the criminal
is prosecutors and the other is judicial
histories of the big business owners, and
police officers. Judicial police officers are
the effect of the indictment on the domestic
again divided into two groups, one of which
and international economy. On December
is general judicial police officers and the
5, 1995, the investigation was terminated
other is special judicial police officers.
with the indictment of Roh and his aides
with confinement, twelve fund raisers and
1. Prosecutors
business owners without confinement, and
Prosecutors are an investigation
three bankers with a summary order. In
organization as well as an indictment
the meantime, the request of the Securance
organization. The legal status of a
Order for Collection of Equivalent Value on
prosecutor as an indictment and that of a
all of Roh’s properties was accepted by the
prosecutor as an investigation organization
court, based on the Special Case Act of
are different from each other.
Confiscation for Crime of Public Officials.
In Korea, prosecutors play a leading role
All of Roh’s property was preliminarily
in criminal investigation and therefore
seized before the indictment.
they are the czars of investigation in reality
as well as in name.
D. Result of Trial
In the Seoul District Court, the court of
2. Judicial Police Officers
original jurisdiction, Roh was sentenced to
As I have already mentioned, judicial
twenty-two years and six months in prison
police officers are composed of general ones
and was fined 283.8 billion won (about
and special ones. Whereas the former can
US$354.2 million) on August 26, 1996.
investigate any kind of crime, the latter’s
According to the Special Act for Speedy
authority to investigate is limited in terms
Litigation, the sentence of the first trial
of subject matter or territory. In other
should be passed within six months from
words, special judicial police officers are
the date of indictment, and that of the trial
basically members of the executive whose
of appeal and the last trial should be passed
original work has little to do with criminal
within four months from the date of
investigation. In order to take advantage
receiving the trial record.
of their expertise on a specific field, they
In the High Court, the court of appellate
are entitled to investigate specific crimes.
jurisdiction, he was sentenced to seventeen
years in prison and fined 262.89 billion won
(US$328.6 million). The Supreme Court

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107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

B. Relationship between his superior officer to replace him. If


Investigation Organizations necessary, prosecutors can request the
1. Relationship between police or other executive departments to
Prosecutors dispatch some of their officers to the
In principle, a prosecutor is obliged to prosecutor’s office. In order to ensure that
investigate crimes over which he/she has prosecutors effectively control judicial
territorial jurisdiction. However, a police officers, Korean laws provide the
prosecutor can investigate outside of his/ following:
her territorial jurisdiction by requesting
another prosecutor who has territorial a) Prosecutors’ authority to
jurisdiction over a specific crime. inspect the place of arrest or
Sometimes, prosecutors go directly to a detention
place outside of his/her territorial To deter unlawful arrest or detention,
jurisdiction and investigate crimes in the chief prosecutor of the district public
cooperation with the prosecutors assigned prosecutors’ office or its branch offices
to that area. dispatches prosecutors once a month to the
place of the investigation organizations
2. Relationship between where a suspect is being arrested or
Prosecutors and Judicial Police detained. The inspecting prosecutor
Officers examines relevant documents and
Under the Korean Criminal Procedure questions the arrestee or detainee. If there
Law, the relationship between the is reasonable ground to believe that any
prosecutor and the judicial police officer is suspect has been arrested or detained in
not one of cooperation, but one of order- violation of due process, the prosecutor
obeyance. should release the suspect or order the
Accordingly, the prosecutor directs and judicial police officer to refer the case to
supervises the judicial police officers in the prosecutors’ office. (Article 198-2 of the
connection with criminal investigation and Korean Criminal Law.) The purpose of this
the police should obey the prosecutor’s system is to protect individual rights from
official order. unlawful infringement. This provision
These duties of the prosecutor are emphasizes the prosecutor’s role as an
essential in realizing the spirit of the rule advocate of human rights.
of law which requires the protection of
human rights and due process in the b) Right to request to the judge
investigation of crimes. to issue an arrest warrant
Judicial police officers should obey any Under Korean law, the judicial police
official order issued by the prosecutors. officer is not entitled to directly request to
(Article 53 of the Korean Public the judge to issue an arrest warrant. A
Prosecutors’ Office Act.) Moreover, the judicial police officer should apply for an
judicial police officers, as assistants of the arrest warrant with the prosecutor. If such
prosecutors, can investigate crimes only an application is made by a judicial police
under the control of prosecutors. officer, the prosecutor examines the
In case a judicial police officer does not application documents and decides
comply with a prosecutor ’s order or whether to request to the judge to issue the
commits any unjust act in connection with arrest warrant. The same is true of a
performing his duty, that prosecutor can, warrant for search, seizure or inspection.
through his chief prosecutor, request the
officer to stop the investigation or request

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c) Right to approve urgent murder, etc., judicial police officers should


arrest made by a judicial immediately report to the chief prosecutor
police officer of the district having jurisdiction over the
Prosecutors or judicial police officers investigation. Moreover, judicial police
may arrest a suspect without an arrest officers are also obliged to report to the
warrant in cases where there is reasonable prosecutor on the occurrence of riots and
ground to believe that (1) the suspect has important affairs or movements of political
committed a crime punishable by death, life parties or social groups. Based on such
imprisonment or imprisonment for more reports, prosecutors take appropriate
than three years; (2) the suspect may measures and direct judicial police officers.
destroy evidence or has escaped or may
escape; and (3) it is practically impossible 3. Relationship between Judicial
to obtain an arrest warrant from a district Police Officers
court judge because of urgency. Of course,
a) Relationship between
prosecutors or judicial police officers should
judicial police officers and
state the above reasons of urgency to the
judicial police staff
suspect before arresting him/her. When a
Judicial police officers investigate crimes
judicial police officer urgently arrests a
under the control of the prosecutors, and
suspect, he should obtain the approval of a
the judicial police staff investigates crimes
prosecutor immediately after the arrest. In
under the direction of the prosecutors and
reality, when a judicial police officer has
judicial police officers. In other words,
made an urgent arrest, he immediately
judicial police officers may investigate in
transmits the application documents of
their own name and authority, whereas
approval of arrest to the prosecutor by
judicial police staff only assists in the
facsimile, Through this system, prosecutors
investigation of the prosecutors or the
can prevent judicial police officers from
judicial police officers. In practice,
illegally arresting a person, thereby
however, judicial police staff draws up
protecting human rights. This provision
various kinds of investigation documents
also serves as a tool which secures
as proxies for judicial police officers.
prosecutors’ right to control judicial police
officers.
b) Relationship between
judicial police officers
d) Right to direct judicial police
Judicial police officers who are the same
officers in connection with
in rank should perform their duty in
disposition of seized articles
cooperation with each other.
When judicial police officers (1) sell the
seized article and keep the proceeds in
IX. INDICTMENT
custody; (2) return the seized article to its
owner; or (3) temporarily return it to its In Korea, prosecutors have the sole
owner, they must obtain prior approval of authority to decide whether to prosecute a
the prosecutor. suspect, except in cases of the quasi-
indictment process by the court and petty
e) Judicial police officer’s duty crime indictment made by the police. This
to report to the prosecutor is called the principle of Indictment
When crimes happen which are related Monopolization.
to national security or are socially
important such as insurrection, foreign
aggression, crimes related to explosives,

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VISITING EXPERTS’ PAPERS

A. Presentation of Indictment (2) it is possible that the exercise of the


To prosecute a suspect, the prosecutor prosecution authority might be influenced
should present an indictment to the court. by political pressure.
Prosecution can not be made verbally or
by way of wire. B. Discretionary Power and Its
In practice, the prosecutor draws up the Criteria
indictment and submits it to the court. In Section 1 of Article 51 of the Korean
case of prosecution with detention, arrest Criminal Procedure Law provides that the
warrant (or urgent arrest document, arrest prosecutor may decide to suspend
document against a flagrant offender), the prosecution considering the factors
detention warrant and a certificate of enumerated in Article 51 of the Korean
detention are attached to the indictment. Criminal Law. The prosecutor may decide
not to prosecute a suspect taking into
B. Principle of Presentation of account the suspect’s age, character,
Indictment Only p a t t e r n o f b e h a v i o r, i n t e l l i g e n c e ,
In the indictment, neither documents circumstance, relationship to the victim,
nor things which can mislead the judge can motive and method for commiting the
be attached. Accordingly, prosecutors do crime, results and circumstances after the
not present documents or things such as crime. However, the factors enumerated
complaints, inspection documents or in Article 51 of the Criminal Law are not
expert’s opinion at the time of prosecution. words of limitation, and therefore
prosecutors may exercise their
X. DISCRETIONARY POWER OF discretionary power considering factors
PROSECUTORS (PRINCIPLE OF other than those enumerated in the article.
CONVENIENT PROSECUTION)
C. Reasons for Suspension of
A. Introduction
Prosecution
Under Korean law, prosecutors have the
Although it is up to the prosecutor to
discretionary power to suspend prosecution
decide whether to suspend a prosecution,
even if there is sufficient evidence to convict
it is very difficult to definitely state the
a suspect. This is called the Principle of
reasons for non-prosecution because the
Discretionary Prosecution. It is a concept
prosecutor must think about various
contrary to the Principle of Compulsory
factors relevant to a specific case in making
Prosecution. Namely the Principle of
the decision. For example, the prosecutor
Compulsory Prosecution means that the
should consider whether non-prosecution
prosecutor should prosecute a suspect
would help the criminal’s rehabilitation
when there is sufficient evidence to convict
and not confuse social order. Although such
that person in the prosecutor’s opinion and
criminal policy considerations have been
the other requirements for prosecution are
materialized through a long period of
satisfied.
practice, I can not deny the fact that the
The purpose of the Principle of
test for non-prosecution differs slightly
Discretionary Prosecution is to enable the
from one prosecutor to another prosecutor.
prosecutor to take into consideration
It is due to the different views of life of
criminal policy in deciding whether to
individual prosecutors. The test might also
prosecutor a specific suspect. However,
vary with the times or change in people’s
some lawyers are critical of this principle
way of thinking. Accordingly, I can not
in that: (1) such principle can not effectively
definitely state the reasons for non-
control prosecutors’ arbitrary decision, and
prosecution. However, Article 51 of the

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RESOURCE MATERIAL SERIES No. 53

Korean Criminal Law enumerates the negligence of both the suspect and the
following factors: victim has combined to cause the accident
are also important factors in making a
1. Factors Regarding the Suspect suspension-of-prosecution decision.
a) Age
b) Method and result of the
According to the age of the suspect,
crime
prosecution’s disposition of the case might
The dangerousness of the method of
differ. Generally speaking, prosecutors
commiting the crime, the profits the
deal leniently with juveniles, students and
suspect has gained from the crime, the
the aged.
people’s concerns on the crime, the effect
of the crime on society, the extent of the
b) Character and pattern of
damage and the degree of possible
behavior
punishment are also considered by the
The character, pattern of behavior,
prosecutor. In addition, the prosecutor
hereditary diseases, habit, career, prior
considers whether there exist reasons to
convictions, etc., of the suspect are usually
aggravate or mitigate punishment.
considered in making a suspension-of-
prosecution decision.
4. Circumstances after the
Commission of the Crime
c) Intelligence
Intelligence refers to the suspect’s a) Factors related to the
sensibility. Sensibility is measured by the suspect
suspect’s academic career or extent of Whether the suspect repents the crime,
knowledge. has apologized to the victim, has tried to
compensate for the damages inflicted on
d) Circumstances or the victim, has escaped or has destroyed
environment evidence are important factors in making
The suspect’s circumstances such as a suspension-of-prosecution decision.
family background, vocation, work place,
living standard, relationship with b) Factors related to the victim
classmates and parental guidance are Whether the damages inflicted on the
considered in making the non-prosecution victim have been recovered, and whether
decision. In addition, the prosecutor also the victim wants the suspect to be punished
takes into account the effect of prosecution are also considered.
upon family members of the suspect.
c) Other factors
2. Relationship to the Victim Other factors considered are social
Whether the suspect is a relative to the c i r c u m s t a n c e s , c h a n g e o f p e o p l e ’s
victim or collegue in the work place is also sentiment, time period elapsed after the
one of the factors. commission of the crime, repeal of law,
change of the extent of punishment, etc.
3. Factors on the Crime
a) Motive for commiting the
crime
Whether the crime is a premeditated or
non-premeditated one, whether it was
provoked by the victim, or whether the

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107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

D. Procedure for a Decision of belongs. Moreover, within 10 days from the


Suspension of Prosecution beginning of the investigation against a
public official, the prosecutor is obliged to
1. Written Oath
notify the organization to which that
In practice, the prosecutor reprimands
official belongs of the fact that investigation
the suspect for commiting a crime and has
is going on. Generally speaking, such
him/her write an oath stating that he/she
organization does not proceed with
will not commit a crime again in the future.
disciplinary action against the public
Irrespective of whether the suspect is
official. Consequently, it is rare for the
detained or not, the prosecutor summoms,
prosecutor to ascertain the results of
admonishes the suspect and has that
disciplinary action before making a
person write an oath.
suspension-of-prosecution decision against
In reality, however, the prosecutor sends
a public official.
an admonishing letter to the suspect
instead of having him/her write an oath
E. Suspension-of-Prosecution
when he/she is not detained. As you may
Decision for Juvenile Offenders
have guesed, it is to reduce the prosecutor’s
on the Fatherly Guidance
work load.
Condition
When the suspect is a juvenaile or
Suspension of prosecution for juvenile
student, the prosecutor also has the
offenders on the fatherly guidance
suspect’s parent or teacher submit a
condition is the suspension of prosecution
written oath to the prosecutor stating that
for juvenile offenders under the age of 18.
he/she will supervise the suspect well so
It is a suspension-of-prosecution decision
that the suspect will not commit a crime
on the condition that the offender is subject
again in the future.
to the protection and guidance of a member
of the Crime Prevention Volunteers
2. Arrangement for the Suspect’s
Committee for a period of six months to
Protection
twelve months after the decision,
When making a suspension-of-
depending on the possibility of commiting
prosecution decision, the prosecutor may
a crime again in the future. The volunteers
entrust the suspect to his/her relative or a
are nominated by the chief prosecutor of
member of the Crime Prevention
the district public prosecutors’ office. We
Volunteers Committee. In case there is no
have operated this system nationwide since
person to take the suspect or it is
January 1, 1981 to prevent juvenile
inappropriate in the prosecutor’s opinion
offenders from being repeat offenders and
to entrust the suspect to the above-stated
to rehabilitate them into sound and
person, the prosecutor may request social
reasonable citizen. To make this decision,
organizations such as the Korean
the prosecutor should select the person to
Rehabilitation and Protection Corporation
protect the offender among the members
to protect the suspect.
of the Crime Prevention Volunteers
Committee, hand in a referral document
3. Disciplinary Action
to the person, receive from that person a
In principle, when the prosecutor makes
certificate stating that he/she has received
a decision of suspension of prosecution
the custody of the offender and would bear
against a public official because the crime
the responsibility of protecting and guide
committed is a trivial one, the prosecutor
the offender. Of course, the prosecutor
should ascertain the result of the
should have the offender and his/her patron
disciplinary process held by the
submit written oaths.
organization to which such public official

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RESOURCE MATERIAL SERIES No. 53

Even after the decision, at least once a 1. Quasi-prosecution by the Court


month the prosecutor receives from the When a complainant is notified that the
volunteer how he/she is instructing and prosecutor has made a non-prosecution
guiding the offender. They also, continue decision, that person may apply for a ruling
to cooperate with each other. to the High Court corresponding to the
If the offender does not comply with the High Public Prosecutor’s Office to which
volunteer’s guidance or commits another the prosecutor concerned belongs. If the
crime, the prosecutor may remand the High Court holds that the prosecutor’s
suspension-of-prosecution decision and decision of non-prosecution was
prosecute the offender. inappropriate and refers the case of a
In light of the low rate of such offenders district court judgment, prosecution is
commiting another crime and the high rate presumed to have been made to the district
of usage of this system, we can say that it court. However, this system applies only
has worked very effectively so far. to crimes regarding abuse of authority by
public officials.
F. Suspension-of-Prosecution
Decision on “the Protection and 2. Appeal on the Prosecutor’s
Surveillance Committee” Decision of Non-prosecution
Guidance Condition When a complainant is notified that the
This is for offenders who need protection prosecutor has decided not to prosecute a
and guidance by experts for a period of six certain person, he/she may appeal to the
to twelve months depending upon the competent chief prosecutor of the High
possibility of the offenders commiting Public Prosecutor’s Office to which the
another crime in the future. Suspension prosecutor belongs. If the appeal is
of prosecution is made on the condition that dismissed, the complainant may reappeal
the offender is subject to the protection and to the Supreme Public Prosecutor’s Office.
guidance of the Protection and Surveillance
Committee. 3. Notification of Non-prosecution
The prosecutor entrusts the offender to Decision and Reasons
a member of the committee. The procedure Although this is not a direct limitation
for this disposition is similar to the on the prosecutor ’s power of non-
suspension-of-prosecution decision on the prosecution, it works as an indirect
fartherly guidance condition. However, limitation on such power in that it places
this system applies to adult offenders as psychological pressure on the prosecutor.
well.
XI. THE CASE OF ILLEGAL LOANS
G. Limitation on the Prosecutor’s TO HANBO CONGLOMERATE
Discretionary Power Not to
A. Motive of the Investigation
Prosecute
On January 23, 1997, the promisory
The dangerousness of the principle of
notes and checks issued by Hanbo Steel
discretionary prosecution is that the
Company, the main company of the Hanbo
prosecutor might abuse the power or that
Conglomerate, were dishonored. After that
the decision will be affected by political
the notes and checks issued by other
pressure. Accordingly, Korean law places
companies belonging to and dealing with
some restritions on such power:
the Hanbo Group were also anticipated to
be dishonored, and as a result, it gave rise
to serious chaos in the national economy.

98
107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

Hanbo Conglomerate took over Kumho Jeong was also found to have received
Steel Company in Pusan and established an enormous amount of credit funds from
Hanbo Steel Company in December 1984. Hanbo Credit Union, one of the companies
It also proceeded with the construction of of Hanbo Group, which is forbidden by law.
Steel Production Facilities at Dangjin with On January 31, 1997, the CID detained
the credit award from banking facilities in Jeong.
December 1990 when the manufacturing As our investigation went further, it was
capacity of Hanbo Steel Company faced its also found that Jeong made illegal requests
limit according to the boom of steel to politicians and high-ranking officers of
production. banking facilities in the course of credit
There was a nationwide suspicion that awards and permission of authorization of
President Jeong Tae Soo of Hanbo Group business, and offered them a great sum of
made a secret fund of an enormous amount bribes in exchange.
in the course of the construction of the From February 1 to 6, 1997, all seven
Dangjin Steel-Production Facilities, and chief persons of banking facilities who
that such embezzlement committed by sponsored the credit funds supplied to
Jeong was possible due to his connections Hanbo Steel Company had been summoned
with politicians, high-ranking officers and and interrogated about the process of the
staff members of banking facilities. credit awards and the non-payment.
The CID of the SPPO started the The present and ex-chief persons of
investigation of the cause of the Hanbo non- banks who received bribes from Jeong Tae
payment on January 27, 1997 under its Soo, such as Shin Kwang Sik, Woo Chan
own decision that the disclosure of the Mok, and Lee Chol Soo, were arrested.
cause and result of the Hanbo case would From Feburary 10 to 12, 1997, all five
be helpful for the recovery of the national politicians—members of the National
economy stricken by the Hanbo non- Assembly Hong In-Kil, Jeong Jae-Chol, and
payment. Whang Byung-Tae from the leading party
(Shin-Han-Kook Party), another
B. Process of the Investigation Assemblyman Kwon No Kap from the
The CID at first conducted a secret opposition party (Kuk-Min-Whoe-Eui
investigation in order to clarify the nation- Party), and the ex-Minister of Home
wide suspicion arising from newspaper Affairs, Kim Woo-Sok were summoned and
reports of the Hanbo non-payment on interrogated. All of them were arrested as
January 23, 1997. they were found to have received bribes
The Central Investigation Department amounting from 200 million to 1,000
prohibited all 36 persons including the ex- million Won from Jeong Tae Soo in
president of the Hanbo Group Jeong Tae exchange for his illegal requests.
Soo from going abroad on January 27, and The CID tried very hard to find any
searched 16 companies of the Hanbo Group evidence of embezzlement of the credit
including the headquarters of Hanbo and funds, on the one hand analyzing account
Hanbo Steel Company as well as the houses books and computerized materials of
of Jeong Tae Soo and his sons. Hanbo Group and on the other hand
On January 30, 1997, the CID tracing 42 bank accounts of Hanbo Group
summoned and questioned Jeong Tae Soo. with a search warrant.
It was found out that Jeong himself issued However, these investigations were not
the dishonored notes and checks beyond easy because Hanbo Group, which had
the payment ability of Hanbo Group. undergone the Sooso Scandal and the graft
and embezzlement case of ex-President

99
RESOURCE MATERIAL SERIES No. 53

Roh of my country, had already discarded In the investigation of high-ranking


many of its own account books. officers of banking facilities, we stressed
The CID tried to the best of its ability to the process of credit awards, possible bribes
figure out the processes of the making and and the breach of trust relating to the credit
using of the funds accumulated by Hanbo awards.
Group by tracing the flow of the credit In the investigation of politicians and
money on the basis of the account materials high-ranking public officials, we
gathered through search and confiscations, concentrated our efforts on finding out any
the retrieval of erased data contained in illegal privilege given by them to Hanbo
computers, and the C.P.A.’s data. Group, any receipt of illegal benefits as the
The ex-Minister of Trade, Industry and price of such privileges, and any other
E n e r g y, t h e p r e s e n t a n d e x - c h i e f betrayal of trust committed after the
Presidential Secretary of Economy, and receipt of bribes.
many other high-ranking officials of the
Ministry of Finance and Economy, the D. Use and Embezzlement of the
Ministry of Maritime Affairs and Fisheries, Funds
and the Bank Supervision Office were also The prosecutorial authorities confirmed
summoned and questioned as to whether that Jeong Tae Soo made a fund of about
they gave unfair privileges to Hanbo Group US$562 billion (about 5,005,900 million
through licensing and authorization of its Won) in total sum for the construction of
business and credit awards. the Dangjin Steel-Production Facilities: a
In this case of nationwide concern and US$319 billion (about 2,868,600 million
interest, over 300 persons were Won) credit from the first banking facilities
investigated by 108 persons under the (banks) apart from guaranties, a US$147
control and supervision of the Chief of the billion (about 1,319,500 Won) credit from
CID. The 108 persons comprised the the second banking facilities (finance
personnel of the Investigation Planning company and mutual savings bank, etc.),
Officer, the 1st, the 2nd, the 3rd and the and a US$96 billion (about 867,800 Won)
Criminal Intelligence Management credit made of corporate bonds and
Division of the CID, research officers of the personal debt.
SPPO, and officers of the Office of National The prosecutorial authorities also
Tax Administration and the Bank confirmed that Jeong used about US$399
Supervision Office. billion (about 3,591,200 million Won) for
facility equipment and US$133 billion
C. Keypoints of the Investigation (about 1,191,900 Won) for facility
The prosecutorial authorities declared management, and embezzled the rest of the
their strong will to make a thorough fund, about US$30 billion (about 272,800
investigation of the case and set up some million Won).
important factors that are fully examined The rest of the fund amounting to about
as follows. US$30 billion (about 272,800 million Won)
First, the background which enabled which Jeong embezzled was found to have
such a big credit award and the cause of been mainly used for the establishment of
non-payment, the use of credit money and affiliate companies, Jeong’s personal tax
any other criminal offence which might payment, alimony for Jeong’s ex-wife, the
have been committed during the purchase of Jeong’s private real estate, and
construction of the Dangjin Steel- illegal lobby money for politicians and chief
Production Facilities were given priority. persons for banking facilities.

100
107TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

We are still tracing about US$720


million (about 6,500 million Won), the use
of which is still unknown.

E. Result of the Investigation


On February 19, 1997, the prosecutorial
authorities indicted all ten persons in
detention, that is, two staff members of
Hanbo Group, three high-ranking officers
of banking facilities including the chief
officer of Jaeil Bank, and five public
officials including Congressman Hong In-
Kil. Four other staff members of Hanbo
Group including the Head of Hanbo Steel
Company were suspended from
prosecution under consideration that they
could not but follow the directions of Jeong
Tae Soo, who was the president of the whole
Hanbo Group.
The ten persons in detention including
Jeong Tae Soo were tried at the Seoul
District Court, and nine persons were
sentenced to 3 to 15 years, except for one
person whose sentence was suspended.
The nine persons who were sentenced
to imprisonment at the District Court
appealed to the Seoul High Court. After a
four-month trial, the Seoul High Court
rendered suspended sentences to five
persons including three congressmen, but
rejected Jeong Tae Soo’s appeal, on
September 24, 1997. His 15-year
imprisonment sentence was still upheld,
and he appealed to the Supreme Court.

101
RESOURCE MATERIAL SERIES No. 53

Figure 1
Supreme Public Prosecutor’s Office
Seoul High Public Taejon High Public Taegu High Public Pusan High Public Kwangju High
Prosecutor’s Office Prosecutor’s Office Prosecutor’s Office Prosecutor’s Office Prosecutor’s Office
Seoul District Taejon District Taegu District Pusan District Kwangju District
Public Prosecutor’s Public Prosecutor’s Public Prosecutor’s Public Prosecutor’s Public Prosecutor’s
Office Office Office Office Office
Tongbu Branch Hongsong Andong Branch Tongbu Branch Mokpo
Office Branch Office Office Office Branch Office
Hambu Branch Kongju Branch Kyongju Ulsan Branch Changhung
Office Office Branch Office Office Branch Office
Changwon District
Pukbu Branch Kanggyong Kimchon Sunchon
Public Prosecutor’s
Office Branch Office Branch Office Branch Office
Office

Sobu Branch Sosan Branch Sangju Branch Chinju Branch Haenam


Office Office Office Office Branch Office

Chonju District
Uijongbu Chonan Branch Uisong Branch Tongyong
Public Prosecutor’s
Branch Office Office Office Branch Office
Office
Inchon District Chongju District Yongdok Miryang Kunsan
Public Prosecutor’s Public Prosecutor’s Branch Office Branch Office Branch Office
Office Office

Kochang Chongup
Branch Office Branch Office
Puchon Chungju
Branch Office Branch Office
Namwon
Branch Office
Chechon
Suwon District Branch Office
Public Prosecutor’s Cheju District
Office Public Prosecutor’s
Yongdong Office
Branch Office

Songnam
Branch Office
Yoju Branch
Office
Pyongtaek
Branch Office
Chunchon District
Public Prosecutor’s
Office
Kangnung
Branch Office
Wonju Branch
Office
Sokcho Branch
Office
Yongwol
Branch Office

102

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