In the appeal hearing for Kwon Soon-il, a former Supreme Court Justice indicted for allegedly serving as a consultant for Hwacheon Daeyu without being registered as an attorney, a debate arose over the legality of the prosecutor's investigation. The Prosecutor's Office requested that the lower court's dismissal of charges be overturned and the case be sent back for retrial, while Kwon's defense argued that the indictment stemmed from an unlawful investigation and called for the dismissal of the appeal.
The 8-1 Criminal Appeal Division of the Seoul Central District Court, presided over by Judges Cha Seung-hwan, Choi Hae-il, and Choi Jin-sook, held the first hearing on Kwon's appeal regarding the violation of the Attorney Law on November 11 and concluded the arguments. The court set the date for the ruling for January 15, 2024, at 2 PM.
The Prosecutor's Office contended that the lower court misinterpreted the laws regarding the scope of the prosecutor's investigation and the procedures for transferring the case. They argued that since Kwon's bribery allegations were directly related to the charges, the violation of the Attorney Law could also be investigated.
In contrast, the defense argued that merely receiving a complaint and investigating the accused or witnesses does not change the nature of the case to a cognizable offense. They claimed that the procedure of transferring the case back to the prosecutor's office without the police exercising their initial investigation authority was also unlawful.
During the hearing, Kwon withdrew his request to call the prosecutor who investigated him as a witness. He claimed that the prosecutor had indicated an intention to conclude the case and expressed opposition to the Prosecutor's Office's assertion that the case was cognizable. In his closing statement, he expressed hope for the court's wise judgment.
Previously, on June 11, the Seoul Central District Court's Criminal Division 21, led by Judge Kim Dae-kyu, ruled that the prosecutor's investigation and indictment procedures were unlawful, resulting in the dismissal of charges. The court concluded the case based on procedural defects without determining the substantive guilt or innocence of the allegations.
The first trial found that the allegations of violating the Attorney Law did not constitute a crime that allowed the prosecutor to initiate a direct investigation under the Prosecutor's Office Act. Even if the prosecutor sought to recognize the right to initiate an investigation based on related crimes, it must be a cognizable offense, which the court determined was included in the complaint.
The court also raised concerns about the case transfer process. The prosecutor transferred the case to the Gyeonggi Southern Provincial Police Agency in January 2022, only to reclaim it in September of the following year. The first trial ruled that the mere reason of needing to comprehensively review it with other Daejang-dong cases did not provide grounds for recognizing the prosecutor's right to initiate an investigation.
Kwon was indicted in August 2024 for allegedly performing legal duties as a consultant for Hwacheon Daeyu, whose major shareholder is Kim Man-bae, without being registered with the Korean Bar Association from January to August 2021. The prosecution claimed he analyzed the trial situation of related lawsuits, drafted legal documents, and provided legal strategies, receiving 150 million won in consulting fees during that period.
* This article has been translated by AI.
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