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Prosecutor General's Exit Highlights Pressure on Lee's Cases
Acting Prosecutor General Noh Man-seok triggered increasing demands within the legal field to "examine the nature of external influence" following his resignation and disclosure that he had encountered pressure from the current government. On the 12th, Noh stated to reporters, "All cases handled by the previous administration turned into issues for the current one, making it challenging for the prosecution to comply with their requests," and noted, "They aimed to eliminate those cases, but we couldn't. It was genuinely painful." These comments are seen as suggesting that Noh experienced political pressure during his four-month term as acting prosecutor general.
Inside the prosecution, some voices came forward stating, "What the current administration aims to erase are the judicial risks associated with President Lee Jae-myung, and the decision not to appeal is the first step," and "They are using any method possible to eliminate evidence of this president's alleged offenses."
① The Daejang-dong Case: 'Release from Appeal'
Prior to his election, President Lee faced trial on 12 charges spread across eight cases, including the 'Daejang-dong development corruption' case, with five trials currently in progress. Nevertheless, following his election, all legal proceedings were put on hold by court rulings. The concern is that once his presidency concludes, the trials will restart, maintaining his exposure to legal risks.
The Daejang-dong case, which caused debate because the prosecution chose not to appeal, includes private entrepreneurs Kim Man-bae, Yoo Dong-gyu, and Nam Wook. During the initial trial, they were found guilty of breach of trust and received prison sentences ranging from 4 to 8 years. Nevertheless, accusations of bribery and violations of the Conflict of Interest Prevention Act were dismissed, significantly reducing the 781.4 billion Korean won in fines that the prosecution had initially requested. Even though more than 700 billion Korean won was not recovered, the prosecution decided against appealing.
Legal professionals view this as an effort to obtain advantageous decisions for the private entrepreneurs and stop them from issuing adverse statements in upcoming trials concerning President Lee and his former Democratic Party of Korea chief of staff, Jeong Jin-sang, who is also facing charges in the same Daejang-dong case. A senior prosecutor stated, “By dropping the appeal, their goal is to achieve a favorable judgment for the private businessmen and prevent them from giving testimony against President Lee and others in future proceedings.”
② Advocating for 'Dismissal of Charges' by Claiming False Investigations
The South Korean Democratic Party has been calling for the dismissal of charges in cases involving President Lee, arguing that the investigations were unlawful. Recently, when Nam Wook—a witness in the Daejang-dong trial concerning Jeong Jin-sang—alleged that prosecutors threatened him with the words, “We’ll destroy you” during the inquiry, the party quickly responded, stating, “The Daejang-dong case was a made-up investigation, and the indictment of President Lee was planned.” This represents a clear effort to pressure the prosecution into dropping the charges.
Similar claims of falsified investigations have emerged in the 'Ssangbangwool illegal transfer to North Korea' case, where President Lee and former Gyeonggi Vice Governor Lee Hwa-young were charged. Last April, Lee Hwa-young stated in court that prosecutors brought alcohol and salmon sashimi into the interrogation room to pressure him into making a statement that implicated President Lee. After the current administration came into power, the Ministry of Justice confirmed in September that these actions took place and instructed an investigation. Since then, the ruling party has highlighted the illegality of the prosecution's inquiry, asserting, "The investigation against President Lee was fabricated." Legal experts believe the ruling party is challenging the credibility of the prosecution's investigation in an effort to keep pushing for the dismissal of charges against President Lee.
③ Legal Changes to Ensure 'Dropping of Charges' in Court Proceedings
The government and the ruling party are working to change laws in order to make sure that President Lee's criminal trials lead to the dropping of charges (면소). In September, they officially announced intentions to remove the offense of "breach of trust" from the Criminal Act. If passed, President Lee might receive rulings that dismiss the charges in the Daejang-dong corruption case and the Gyeonggi corporate card abuse case, both of which accused him of breach of trust.
The Democratic Party is also proposing changes to the Public Official Election Act to remove the "act" clause from the offense of spreading false information—the legal foundation for the Supreme Court's conviction of President Lee. If enacted, this would enable President Lee to obtain dismissal rulings in his retrial.
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