Will the legal dam break on Yoon Seok-yeol's presidential campaign?

The Hankyoreh has an English language article on the investigative journalism articles appearing in the relatively unknown Newsverse, a South Korean digital media website, about alleged misconduct in the former Supreme Prosecutor's office. Allegedly while Yoon was Prosecutor General, a subordinate office, under his control, instigated charges by third parties, against democratic party figures and journalists in the period immediately before the April 2020 National Assembly elections.*

*How prosecution’s probe on Newsverse article is linked to Yoon Seok-youl, Posted on : Sep.3,2021 17:53 KST Modified on : Sep.3,2021 17:53 KST, Hankyoreh, By Ock Kee-won; https://english.hani.co.kr/arti/english_edition/e_national/1010402.html

The Hankyoreh article has a fairly restrained characterization of Yoon's situation, and isn't depicting the full scope and implications of the story as described by Newsverse.* While leaking of confidential investigative information by prosecutors offices is illegal, particularly the private information of subjects and witnesses, this Hankyoreh article tends to downplay the political significance of the Supreme Prosecutor's investigation information office's alleged unlawful acts while the former Prosecutor General was in office.** Charges were contrived for political purposes, including interference in the electoral process. The charges were intended to intimidate elected political officials or candidates, advocating prosecution reforms, as well as reporters, covering stories that were critical of Yoon, or his family members. The prosecution reforms advocated by the targeted individuals aimed at limiting excessive and unchecked investigatory powers of prosecution offices to prevent them from being manipulated for politically partisan purposes.

*[단독] 윤석열 검찰, 총선 코앞 유시민·최강욱·황희석 등 국민의힘에 고발 사주, 전혁수 기자, 입력 2021.09.02 08:59; http://www.newsverse.kr/news/articleView.html?idxno=417

** The titles Supreme Prosecutor and Prosecutor General are equivalent titles describing the same office, previously held by Yoon Seok-yeol. Prosecutor General Kim Oh-soo, the current "Supreme Prosecutor," said the charges will be investigated because they reflect adversely on the reputation of the office. Yoon Seok-yeal is currently the leading conservative candidate for the presidency of South Korea.

The charges concocted by the Supreme Prosecutor's Office were intended, in part, to thwart public reporting of adverse information about Yoon, Yoon's family, and his subordinate prosecutor, Han Dong-hoon. Two of the figures investigated and slated for prosecution for defamation against the aforementioned parties, were the party spokesperson for the satellite democratic party, Choi Kang-ook, and the party leader for the same party, Hwang Hwi-seok, both National Assembly representatives. A third prominent target was Yoo Shi-min, director of the No Mu-hyun Foundation. These two politicians on the left, and outspoken pundit Yoo, have been advocates and supporters of prosecutorial reforms in South Korea, intended to remove excessive investigative powers from the Supreme Prosecutor's offices, and turn them over to separate agencies, the police, a new separate serious crimes investigation office, and another independent new office for investigation of senior public officials.

In effect, the prosecution reforms remove the former investigatory powers of the prosecutors' offices. In the course of their advocacy for prosecutorial reform, the targeted individuals discussed specific instances of alleged obstruction of justice and case interference allegedly related to Yoon's office. In particular, Choi and Yoo were outspoken about the alleged practice of misusing public prosecutors" offices, to protect powerful economic interests, and protect Yoon's family members or subordinates from investigation and prosecution for alleged wrongful acts and corruption. So what this current story is really about is Yoon's alleged practice of using his offices to advance and protect his private personal and political interests. This was characterized in Newsverse, as privatizing the prosecution function, demonstrated by instigating these politically motivated charges at political rivals and reporters.

It is alleged that the Supreme Prosecutor's investigation information policy office unlawfully drafted the charge sheets, without identifying the complainant bringing charges in each case. The charge sheets were allegedly transmitted to a conservative candidate in the United Future Party, Kim Woong, (now serving as a member of the National Assembly), during the 2020 campaign, ultimately for transfer to other private parties to file charges. The Supreme Prosecutor's investigative information office thereby unlawfully sought to induce the private charges which would then precipitate the litigation the prosecution itself as a politicized office was seeking to prosecute for its own private and political benefit.

As alleged by Newsverse, the resources of the former Prosecutor General's office and personnel were used to collect evidence and draft the charges. The official responsible for the alleged wrongful acts, subordinate to Yoon, at the relevant time was Son Chun-seong, from the Supreme Prosecutor's investigation information policy office ( 손준성 대검 수사정보정책관 ).* It is believed by many observers that it is unlikely that Son acted on his own without Yoon's knowledge. It is also alleged that Son's office was engaged in collection of all media reports critical of Yoon and his family members suggesting the latter had committed unlawful acts. What would be the motive of assembling such a collection other than intimidation or retribution against critics and accusers? Son denies the allegations. Woong the conservative National Assembly representative from Songpa, who received the charge sheets and another judicial decision document, claims he doesn't know who transmitted them. About the time the charge sheets went public, the messenger service facilitating the transfer was erased. Those in communication on the service at the material time are allegedly unknown. Kim Woong the UFP/PPP politician who received the charge sheets and court document basically authenticated them with his misleading statements and claims he "can't remember" the pertinent details. Kim is a former prosecutor with a preexisting connection to Son.

* [분석과 해설] 범 여권 인사 야당 고발 사주는 명백한 정치공작...윤석열 '검찰권 사유화' 이진동 기자 : 입력 2021.09.02 08:56: http://www.newsverse.kr/news/articleView.html?idxno=424

It's not clear who the original sources are who leaked the materials supporting this story. More investigation is necessary. The current Prosecutor General, Kim Oh-soo, and Minister of Justice, Park Beom-gae, intend to pursue investigation of the alleged wrongdoing. Son is reported to have received a warrant for his electronic communications. This case may be subject to referral to the new and, as yet, untested Office to Investigate High Public Officials. There is speculation that the leaks and publication of the details thus far disclosed by Newsverse originated on the conservative side by politicians hostile to Yoon Seok-yeol's campaign to become the People's Power Party candidate for president. Ironically, Yoon claims the charges against his offices are a "political fabrication."