Friday, September 17, 2021

Instigating Charges Affair in South Korea ( 고발 사주 사건 )

Follow up to our September 4 report: "Will the legal dam break on Yoon Seok-yeol's presidential campaign?"

(Source- MBC Newsdesk 9.15.21, youtube '고발 사주' 의혹, 대검도 수사 착수‥공수처와 투트랙 ) Choi Gang-wook and Hwang Hwi-suk, National Assembly Members from the Open Democratic Party deliver their charges against Yoon Seok-yeol, his wife Kim Gon-hee, Prosecutor Han Dong-hun, PPP National Assembly member Kim Woong, Prosecutor Son Chun-seong, and Chung Jeom-sik, UFP Legal Support Group Chief, and an unamed party. Charges include interference in elections, violation of the public election law, leaking confidential government information, abuse of powers of public office, and violations of the private information protection law.


(Source- 언론 알아야 바꾼다 9.17.21 youtube 추장군, 충격 폭로!! "조국, 추미애 해임 건의한 사람은 이낙연..." etc.) This particular document pictured here was probably created in support of the democratic charge sheets filed by the victims. The video didn't identify the source clearly but posted this in the background while speaking on a collateral topic (former Justice Minister Chu Mi-ae's disgust with her rival Lee Nak-won, who is running in the democratic primary race for that party's presidential candidacy.) The document outlines a series of alleged communications laying out the alleged actors in a scheme by which public prosecutors in the Supreme Prosecutor's office arranged to distribute charges they had prepared for conservative party members to bring third party private lawsuits against political critics of the Public Prosecutors offices, proponents of legal reforms on the left,and certain critical reporters. The criminal complaints were prepared against democrats and transmitted to the conservative party during the election campaign cycle in April 2020 for them to file as private complainants.

The alleged parties involved in these communications are from the top, prosecutors Han Dong-hun and Son Chun-seong; then between Son and the representative of the Supreme Prosecutor's office at the time, Kwan Soon-jeong on April 2. At that time it is alleged that Han also spoke to Prosecutor General Yoon on the phone 17 times; Below that it says on April 1, 2020, Han, Kwan, and Son transmitted and received 45 messages in an exclusive chat room. The same day Han spoke to Yoon by phone 12 times. Previously on March 31, 2020, after the MBC investigative report on unlawful prosecution-press collusion to facilitate politically motivated prosecutions ( 검언유착 ), Han, Son, and Kwan exchanged 53 messages on KaKao talk chat message service. Han then spoke to Yoon 11 times by phone.


(Source- 언론 알아야 바꾼다 9.17.21 youtube ) This is an early schematic of the alleged process in the preparation and transmission of charges by the Public Prosecutors' Offices to third parties for unlawful private and political purposes. Prosecutor Son (2nd from left) in the Supreme Prosecutor's Investigative Information Policy Office, prepares the charges and transmits them to UFP (now PPP) party candidate for National Assembly, Kim Woong (pictured center right). The graphic then shows party member Kim transferring the charge sheets and related documents to an unidentified informant (far right). This may have been United Future Party staff employee Cho Seong-eun, the informant, or another informant. Cho was privy to the document transfers in digital formats, one of which is identified as "Telegram." Prosecutor Son's name appears on at least one charge sheet. He denies all the allegations. Did then Prosecutor General Yoon Seok-yeol, (far left in the graphic) instruct his subordinate prosecutor Son to do this? Yoon claims the entire story is a fabrication made up by his political enemies.

(Source- 언론 알아야 바꾼다 9.17.21 youtube ) This wire diagram depicts the offices public and private allegedly involved in the scheme by prosecutors to have political charges brought by United Future Party figures against democratic party politicians and reporters, basically in retaliation for their efforts to expose corruption in prosecution cases, and advocate of legal reforms adjusting investigative powers of the prosecution. On the left side the top box is Yoon Seok-yeol, Prosecutor General/Supreme Prosecutor. Lower left highlighted is the Director of Public Investigations Office, which by highlighting suggests communication with the Investigation Information Policy Office, prosecutor Son Chun-seong (center). Son is alleged to have transmitted the charges and other confidential documentation to Kim Woong, former prosecutor and then National Assembly candidate (top right). In this depiction Kim (possibly ?) transmits the charge sheets and supporting documentation from the prosecutors' offices to Chung Jeom-sik, United Future Party Legal Support Group Chief (bottom right).


(Source- MBC Newsdesk 9.15.21, youtube '고발 사주' 의혹, 대검도 수사 착수‥공수처와 투트랙 ) The informant broke the story to independent digital news source Newsverse. This is former UFP staff employee Cho Seong-eun. She is a source of information and documents supporting the charges brought by the victims of this scheme. She is protected from prosecution by South Korea's public whistle blowers law. She has turned over her digital phone to authorities for forensic evaluation. The case is being investigated by the current Prosecutor General's Office and the new independent Office to Investigate Crimes by High Public Officials, in a "two track" investigation.

Evidence Problems?

There are other pending investigations in South Korea which may adversely affect Yoon Seok-yeol as one of the current leading South Korean conservative candidates for president. Yoon is running in the so called People’s Power Party primary campaign. The election is in early March 2022. Yoon Seok-yeol, the former Prosecutor General of South Korea is suspected of abusing his powers in office to instigate politically motivated investigations and prosecutions of legal reform advocates and political rivals on the left. His right hand man, allegedly was Prosecutor Han Dong-hun. Another suspect is prosecutor Son Chun-seong, who worked in the Supreme Prosecutor's Investigative Information Policy Office, subordinate to Yoon's office.

In late July 2020, Han’s Iphone, an 11XR, was seized under a warrant by a prosecutor from the South Central District Office. Han was suspected of conspiring with a Channel A News reporter to frame an outspoken critic of Yoon and Yoon’s family, Yoo Shi-min, who alleged they had been obstructing justice into investigations of Yoon’s mother in law and wife, for corruption. (Yoon’s mother in law is now in jail for what we would call medicare fraud. She is appealing).

When the warrant for the phone was served an altercation ensued. The phone was sent to forensics and the evaluation tools previously contracted from an Israeli company, Cellebrite, were unable to unlock the security on the phone. Of course, Han would not provide the password. It is believed that there many communications on the phone with Yoon’s wife, the Channel A reporter, and perhaps even Yoon himself. I just read a report within the last week or so, that the phone or a copy, ( I couldn’t determine which), would be forwarded to the Israeli company after a payment of about 15 thousand dollars to break the password and unlock the contents. The report said the password could have been decrypted if it were only ten characters, but the earlier Cellebrite program is having difficulty because allegedly Han used as many as 20 characters. Reportedly, Cellebrite now has the capability to decrypt this now.

South Korea has some defense contracts with Israel, one of which concerns its air defense systems, and more may be in the offing. It remains to be seen whether the Israeli company will unlock the phone and provides a true and accurate report of what is in the phone, because of the adverse political ramifications for the conservative presidential candidate Yoon Seok- yeol. Investigators also desire to obtain the cypher key on the phone of prosecutor Son Chun-seong, which may also prove to be problematic.

April 18 notes: Made some minor typographical corrections and parathentical notes to better explain the graphics. When I saw the detailed "metadata" on the alleged electronic communications in the second graphic, the precision and detail seems to lend veracity to the allegations although the source is not given. The interpretation above of the political scandal in the former Public Prosecutors' offices, goes into some detail, perhaps not desired by most readers. I suspect a few readers may appreciate it. The theory of the case is presented in a more easily appreciated fashion in the blog's September 4 entry. Mistranslated 고발 사주 사건 earlier based on homonyms. Oops!

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