The special prosecutor team led by Min Jung-ki has referred a bribery case involving a former official from the Ministry of Land, Infrastructure and Transport to the police for investigation, following a Supreme Court ruling that dismissed the charges. The court determined that the case did not fall under the jurisdiction of the Special Prosecutor Act, prompting the referral to a legitimate investigative body.
On June 25, the special prosecutor's office announced that it submitted a request for investigation to the National Investigation Agency regarding the former ministry official's case, which was charged under the Special Act on Specific Crimes.
The special prosecutor explained, "The Supreme Court confirmed the dismissal of the charges the previous day, and in accordance with Article 9, Section 6 of the Special Prosecutor Act, we submitted the referral to the National Investigation Agency."
Article 9, Section 6 of the Special Prosecutor Act stipulates that if the special prosecutor cannot complete an investigation or decide on prosecution within the designated period, they must transfer the case to the head of the National Investigation Agency within three days after the expiration of the investigation period. However, since there is no specific regulation for handling cases that have been dismissed, the special prosecutor's team opted for a referral instead of a transfer.
This case emerged during the investigation into allegations of irregularities related to the route change of the Yangpyeong Highway, in which Kim Geon-hee is implicated. During a search of the former official, who was a key figure in the investigation, cash was discovered, leading to the identification of bribery charges.
The former official is accused of receiving 35 million won in cash and a 1 million won golf equipment gift certificate from a company representative in exchange for facilitating the company's contract for a national road retaining wall project while serving as the director of the Road Management Division at the Wonju Regional Land Management Office from June 2023 to November 2024.
However, the court ruled that the bribery case did not fall under the investigative jurisdiction defined by the Special Prosecutor Act.
The 22nd Criminal Division of the Seoul Central District Court, presided over by Judge Jo Hyung-woo, dismissed the charges in January, stating that there was no reasonable connection between the allegations of the Yangpyeong Highway route change and the former official's personal misconduct, considering the timing, location, type of crime, and personal connections.
The appellate court also ruled that the special prosecutor's authority to investigate and prosecute was not recognized, and the Supreme Court upheld the lower court's decision the previous day.
The special prosecutor's office maintains that the dismissal does not constitute a judgment on the merits of the case, allowing the National Investigation Agency to continue its investigation and for prosecutors to decide on prosecution without violating the principle of double jeopardy.
Meanwhile, the former official is also facing charges of abuse of power related to the Yangpyeong Highway route change and is currently undergoing trial in the first instance.
* This article has been translated by AI.
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