OCIO dismisses complaint against 4 prosecutors over Lee Hwa-young trial walkout

The Corruption Investigation Office for High-ranking Officials has dismissed a complaint filed by Lee Hwa-young, former deputy governor for peace of Gyeonggi Province, against four prosecutors over their mass walkout from his trial. The OCIO’s Investigation Division 2, led by chief prosecutor Kim Su-hwan, closed the case against the four prosecutors, who were then with the Suwon District Prosecutors’ Office (now the Suwon District Public Prosecutors’ Office), on charges of contempt of court and dereliction of duty. Yonhap reported that a dismissal in this context ends a case without a ruling on the merits when the requirements are not met. [ 1 , 2 , 3 , 4 , 5 ]

The complaint stemmed from a hearing on Nov. 25 last year at Suwon District Court Criminal Division 11, presided over by judge Song Byung-hoon, in a preparatory hearing on charges that Lee violated the National Assembly Testimony and Appraisal Act. According to Yonhap, the four prosecutors said they could not follow an unfair direction of the proceedings after the prosecution’s application for a witness was rejected, stated they would seek the recusal of the court and left the courtroom; Kyunghyang Shinmun reported the same walkout and recusal move without the reference to the witness application. President Lee Jae-myung expressed concern and regret over the walkout the next day and ordered a strict inspection and investigation, Yonhap reported, while Kyunghyang reported that he ordered an inspection. Lee Hwa-young filed a complaint against the prosecutors with the police’s National Investigation Headquarters the following day. Police referred the case to the OCIO in January under the OCIO Act, which requires other investigative bodies to send cases involving suspected crimes by high-ranking officials to the office. The OCIO analyzed the trial records from the day of the walkout but found no grounds for charges, according to both reports. [ 3 , 5 ]

A separate disciplinary track has not been resolved. Kyunghyang Shinmun reported that an inspection committee at the Supreme Prosecutors’ Office (now the Public Prosecutors’ Office) concluded in April that it was difficult to discipline those involved, while the Justice Ministry requested censure against two former heads of its Criminal Division 6, Kim Hyun-woo and Seo Hyun-wook, after a separate inspection. Yonhap reported that the Justice Ministry’s inspection committee found misconduct in August and requested censure against two former division 6 chiefs. The ministry had been due to hold a disciplinary committee on Sept. 15 but notified a postponement that day, and the process remains suspended, Yonhap reported. Kyunghyang reported that Kim Hyun-ah, former first deputy chief, and Lee Seong-beom, former second deputy chief, at the Suwon office had retired. [ 3 , 5 ]

Lee’s side has used the dismissal to press its case. His lawyer, Kim Kwang-min, said in a Facebook post that the North Korea remittance case had been concluded to be fabricated and that leaving a person imprisoned for five years was “much more severe and cruel,” adding that Lee remains in a cold cell. Kyunghyang reported that Lee’s side has effectively demanded parole from President Lee. The claim that the remittance case was fabricated is the defense’s assertion, not a finding reported in the documents. Lee was sentenced by the Supreme Court in June last year to seven years and eight months in prison for conspiring with Ssangbangwool to send 8 million dollars to North Korea, and has been in custody since 2022, now in the fifth year of his term, Kyunghyang reported. [ 3 ]