Independent Counsel Drops Case Against Choo Kyung-ho, Indicts Lee Jin-woo Without Detention

2nd Special Counsel Team Wraps Up Investigations into Remaining Suspicions… Drops Case Against Choo Kyung-ho, Indicts Lee Jin-woo

The Kwak Chang-young 2nd Special Counsel Team has decided to drop the case against former Prime Minister Choo Kyung-ho regarding allegations of misappropriation of budget funds for the official presidential residence. On the same day, the team indicted former Maj. Gen. Lee Jin-woo, former commander of the Capital Defense Command, without detention in connection with the so-called "Guardian TF" allegations. According to Yonhap News reports, the team also reportedly granted a suspended indictment to Kim Wan-seop, another figure involved in the residence budget scandal.

The 2nd Special Counsel Team is responsible for investigating lingering suspicions that were not covered by the previous three special counsel investigations. With investigations into former President Yoon Suk-yeol largely concluded, conclusions regarding individual cases, such as the residence budget misappropriation and the Guardian TF, are beginning to emerge. In particular, as contradictory outcomes—dropping the case, suspended indictment, and indictment without detention—were issued on the same day, public interest in the overall investigation is intensifying.

Residence Budget Suspicion: Decision Based on Difficulty in Proving Charges

The suspicion regarding the residence budget arose over whether the Presidential Office used funds earmarked for the official residence for other purposes. The decision to drop the case against former Prime Minister Choo is interpreted as the team judging the probability of proving the allegations to be low. In prosecution and special counsel investigations, a decision to drop a case is made when it is determined that criminal charges cannot be established. The suspended indictment for Mr. Kim is a disposition where the charges are acknowledged, but prosecution is deemed unnecessary, interpreted as a result of comprehensively considering the gravity and circumstances of the case.

This decision is significant as it represents the outcome of an investigation into a prime minister-level official who bore responsibility for budget execution. By making a clear legal judgment regarding the budget use of a high-ranking public official, it is expected to serve as a benchmark for future disputes over similar budget executions.

Indictment Without Detention for Former Commander Lee Jin-woo in 'Guardian TF' Case

The Guardian TF suspicion is known to be related to discussions regarding the military's internal organization for martial law. The special counsel team sent the case of former Capital Defense Commander Lee Jin-woo to trial without detaining him, judging that there was little risk of flight or destruction of evidence. Former Joint Investigation Headquarters Chief Yeoh In-hyung was also indicted without detention in connection with the same suspicion.

Indictment without detention, unlike arrest, allows for the free exercise of the right to defense during the trial process, which can be advantageous for the defendant. However, the fact that a military commander-level figure has been referred to trial demonstrates that judicial verification of the military command structure following the martial law declaration is ongoing.

Remaining Investigative Tasks and Future Outlook

The investigation by the 2nd Special Counsel Team is not yet complete. Regarding the Myung Tae-kyun opinion polling case, legal proceedings are running parallel, such as the start of the second trial for Seoul Mayor Oh Se-hoon and former President Yoon Suk-yeol. Upon attending court on the 21st, Mayor Oh stated, "I will reveal the substantive truth and prove my innocence." As the special counsel side asserts the suspicion of illicit opinion polling payments and the defense side claims there was no actual request for such services, a legal battle is anticipated.

With the decision to drop the case regarding the residence budget suspicion, the special counsel investigation into that matter has effectively concluded. However, the trial related to the Guardian TF is expected to begin in full swing. Depending on how the court defines the scope of legal responsibility for the military leadership, the scale of judicial risks related to martial law may vary. Another point of interest is when the special counsel team will announce the results of the investigation into the remaining suspicions.