2nd Special Counsel Struggles to Prove Residence Budget Misuse Charges... Prosecutors Indict Without Detention Top Military and Police Figures in 'Guardian' TF Probe

The second special counsel team, led by Kwon Chang-young, is accelerating its investigation into allegations regarding the misuse of the presidential residence's budget and the so-called 'Guardian Task Force (TF).' According to a report by Yonhap News on the 21st, the special counsel team decided not to prosecute former Presidential Office Chief of Staff for Administration Choo Kyung-ho regarding the residence budget allegations and granted a suspended indictment to former Vice Justice Minister Kim Wan-seop. On the same day, they also referred former Army Capital Defense Commander Lee Jin-woo and former National Investigation Headquarters Commissioner Yeo In-hyung to trial. They were indicted without detention.

Substance of Residence Budget Misuse Allegations and Investigation Results

The allegation regarding the residence budget arose from suspicions that the Presidential Office used the budget for the Hannam-dong residence for purposes other than originally intended. The special counsel team had taken over the remaining allegations that were not handled by the third special counsel and conducted the investigation. The conclusion was that it was difficult to prove the allegations. Former Chief Choo was not even booked as the charges were not acknowledged, and former Vice Minister Kim received a suspended indictment, meaning charges were recognized but prosecution was withheld.

A suspended indictment is a decision where prosecutors acknowledge criminal charges but do not refer the case to trial. It is issued when the offense is minor or there are mitigating circumstances. Although the case did not proceed to judicial processing, as it is the official investigation result of the special counsel, there remains a possibility of future political debate over the appropriateness of the residence budget execution.

Guardian TF Allegations… Military and Police Commanders Indicted Simultaneously

The special counsel team referred former Capital Defense Commander Lee Jin-woo to trial regarding the Guardian TF allegations, Yonhap News reported. Former National Investigation Headquarters Commissioner Yeo In-hyung was also indicted without detention. The Guardian TF controversy arose over suspicions that the military and police intervened in the investigation leadership of judicial agencies during a specific political situation. As the top military brass and the police’s top investigation commander were indicted simultaneously, assessments suggest that judicial verification of the military-police command system has begun in earnest following the December 12 emergency martial law incident.

Both individuals were referred to trial without being detained. This is interpreted as the special counsel team judging there to be a low risk of flight or destruction of evidence. However, considering the gravity of the suspicions, the actual command lineage and details of orders within the Guardian TF are expected to be a focal point in court during the trial.

Oh Se-hoon and Yoon Suk-yeol’s 2nd Trials Begin Before Same Bench

The second trials for Seoul Mayor Oh Se-hoon and former President Yoon Suk-yeol, who were found guilty in the first trial for violating the Political Fund Act in connection with opinion polls requested by political broker Myung Tae-kyun, began on the 21st before the same bench. Appearing in court that afternoon, Mayor Oh stated, "I will uncover the substantive truth and prove my innocence."

The first trial court convicted the two, viewing the cost of the opinion polls commissioned by Mr. Myung as subject to reporting under the Political Fund Act. In the second trial, the facts regarding the payment of the opinion poll costs and the scope of interpretation of 'donation acts' under the Political Fund Act are expected to be the core dispute. The special counsel emphasizes the facts of the payment, while the defendants highlight that there was no such commission, signaling a fierce battle.

Remaining Investigative Tasks and Future Outlook

The subject of the second special counsel investigation encompasses various suspicions beyond the residence budget and the Guardian TF. Among these, the residence budget case has effectively concluded with non-prosecution and suspended indictment, but the Guardian TF case will see full-fledged legal battles following the indictment. As the special counsel team’s staffing found stability late due to cooperation issues with the prosecution and police, the investigation is likely to gain further speed.

The second trial rulings for Mayor Oh and former President Yoon serve as variables that could impact the political schedule. For Mayor Oh, a guilty verdict would immediately raise the issue of eligibility for office, making the second trial result a critical turning point for his future political path. With the special counsel investigation and trials proceeding simultaneously, legal risks are expected to remain a key axis of the political landscape through the second half of the year.