Yoon Suk Yeol, indicted for allegedly appointing former Minister of National Defense Lee Jong-seop as Ambassador to Australia to facilitate his escape from prosecution, was acquitted in a first trial. The court found no evidence that Yoon was aware of Lee's travel ban and determined that the appointment could be viewed as an exercise of presidential authority.
The Seoul Central District Court's Criminal Division 22, presided over by Judge Cho Hyung-woo, delivered the not guilty verdict on September 11 for Yoon, who faced charges of aiding a fugitive, abuse of power, and violating the State Public Officials Act.
Co-defendants including former National Security Office chief Cho Tae-yong, former Justice Minister Park Sung-jae, former presidential secretary for public integrity Lee Si-won, former National Security Office chief Jang Ho-jin, and former Prosecutor General Shim Woo-jung were also acquitted.
The court concluded that Yoon did not know about the travel ban imposed by the Corruption Investigation Office (CIO) when he directed Lee's appointment as ambassador. It also noted that Yoon may have only perceived Lee as a 'controversial figure' in the CIO.
The ruling stated, "It is difficult to infer that Yoon had a specific awareness of the possibility of criminal punishment for Lee and intended to obstruct or interfere with the CIO investigation. The appointment as Ambassador to Australia can be seen as an exercise of the unique personnel authority of a head of state."
The court raised questions about whether the ambassadorial appointment constituted aiding a fugitive, explaining that foreign ambassadors are officially recognized and can be contacted regularly, which is fundamentally different from typical evasion. The crime of aiding a fugitive is established when it makes the discovery or arrest of the fugitive impossible or significantly difficult, and merely delaying or complicating the investigation is insufficient.
There was also no evidence that Yoon formally advanced the appointment process to facilitate Lee's departure or improperly directed the lifting of the travel ban. The actions of the other defendants were deemed to fall within the scope of normal duties, making it difficult to recognize a conspiracy to aid a fugitive. The court concluded that there was insufficient evidence for the abuse of power charges as well.
The special investigation team for the deceased Marine, led by Special Prosecutor Lee Myung-hyun, alleged that Yoon directed Lee's appointment and departure to avoid an expanded investigation into the so-called 'VIP anger' allegations related to a direct call with Lee.
Lee Jong-seop left for Australia in March 2024 but returned 11 days later amid growing controversy and resigned from his ambassadorial position. The special prosecutor sought a five-year prison sentence for Yoon.
Yoon's legal team stated immediately after the verdict, "This is a very natural conclusion when viewed in light of the law and the records." They added, "Being a target of political criticism does not automatically constitute a crime, and criminal responsibility should be judged based on strict legal principles and evidence."
They also urged the special prosecutor to forgo an appeal regarding the abuse of power charges in the Chae Sang-byeong case, stating that accepting the ruling is appropriate.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.