Court Rules Case Outside Special Prosecutor's Investigative Scope

The Seoul High Court on the 9th rejected the special prosecutor's appeal in the case of a public official indicted on bribery charges, upholding the first trial's dismissal of the indictment.

While deliberating the case of MOLIT official Kim (surname), accused of bribery under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the appellate court stated that the scope of special prosecutor investigations must be interpreted narrowly. The court found it difficult to acknowledge a reasonable connection between Secretary Kim's alleged bribery and the controversy surrounding the route change for the Seoul-Yangpyeong Expressway. The court dismissed the indictment, ruling that the case lacked a reasonable connection to the special prosecutor's investigative scope and fell outside the prosecutor's authority to investigate and indict. It also stated that it was difficult to see any legal misinterpretation in the original ruling.

Previously, the first trial court also dismissed the indictment, stating that the case was not recognized as having a reasonable connection to the special prosecutor's investigative scope and fell outside the authority of the special prosecutor to investigate and indict.

Secretary Kim was indicted on charges of receiving approximately 36 million won (approx. $26,000 USD) worth of cash and valuables from an individual associated with a specific company during his tenure at the Wonju Regional Construction Management Office from June 2023 to December 2024. The special prosecutor became aware of the separate bribery charges based on digital evidence from a mobile phone seized during searches related to the Seoul-Yangpyeong Expressway route change controversy and arrested and indicted Secretary Kim in October of last year.