PPP complaint dismissed without referral to prosecutors

Investigator cleared of charges in human rights commission case

Seoul police probing special prosecutor over insider trading allegations

Special Prosecutor Min Joong-ki, who led the investigation into various allegations surrounding first lady Kim Keon Hee, announces the final investigation results at a briefing room in Jongno-gu, Seoul, on Dec. 29 last year. [Lim Se-jun]
Special Prosecutor Min Joong-ki, who led the investigation into various allegations surrounding first lady Kim Keon Hee, announces the final investigation results at a briefing room in Jongno-gu, Seoul, on Dec. 29 last year. [Lim Se-jun]

Police have decided not to refer to prosecutors a complaint alleging that the special prosecutor's office investigating first lady Kim Keon Hee used coercive interrogation tactics — a decision that comes 11 months after a Yangpyeong-gun civil servant who had been questioned by the team died.

The Jongno Police Station in Seoul decided Thursday not to refer the case to prosecutors, dismissing it outright, in connection with a complaint filed by the People Power Party against Special Prosecutor Min Joong-ki and others on charges including abuse of authority.

A dismissal without referral means police determined the complaint lacked the legal standing or evidentiary basis to forward to prosecutors. Police closed the case without questioning any suspects.

Earlier, on Oct. 10 last year, a Yangpyeong-gun civil servant identified only as A was found dead at home while under investigation by the Kim Keon Hee special prosecutor's team. No signs of foul play were found. The special prosecutor's office had previously summoned A as a suspect in connection with allegations that Kim's family received preferential treatment in a development project in the Gonghung district of Yangpyeong.

After A's death, People Power Party lawmaker Kim Seon-gyo, whose constituency covers Yangpyeong-gun in Gyeonggi Province, posted a handwritten note by A on social media on Oct. 11 last year. The note reportedly contained the words, "I am so worn out on the first day of being questioned by the special prosecutor," fueling controversy over alleged coercive interrogation.

Park Kyung-ho, the attorney representing A's family — who also served as the People Power Party's district committee chairman for Daejeon Daedeok — filed a complaint with the Seoul Central District Prosecutors' Office on Oct. 22 last year, requesting an investigation into Special Prosecutor Min and others on charges of abuse of authority. The central prosecutors' office forwarded the case to the Seoul Metropolitan Police Agency, which ultimately assigned it to the Jongno station.

The National Human Rights Commission of Korea also launched an ex officio investigation into potential human rights violations in connection with A's case. In December last year, the commission's full committee voted to adopt a report recommending that the investigator involved be referred to prosecutors on charges of abuse of authority.

The commission said the investigative team had questioned A for more than the eight-hour daily limit and had coerced statements on specific matters A had no obligation to provide. The Jongno station, which received the commission's referral, questioned the investigator as a suspect before deciding not to forward the case to prosecutors, finding no grounds for charges.

The Kim Keon Hee special prosecutor's office, which conducted its own internal review of A's case, announced in November last year that it found no rule violations beyond coercive language and conduct by the investigator in question. The team concluded that, given the limitations of its own internal review, it was difficult at that stage to definitively determine whether the coercive language and other prohibited conduct constituted a violation of USFKI 5200.08.

The People Power Party also filed a separate complaint against Special Prosecutor Min last year, alleging he sold shares in Neosemitech, a solar panel materials company, just before the stock was delisted, earning more than 150 million won ($111,000) in profit. Min is reported to have invested 30 million to 40 million won in unlisted Neosemitech shares in the early 2000s while serving as a judge, then sold them in March 2010 just before trading in the stock was suspended.

Questions arose over whether Min had used insider information to profit from the sale, as the then-chief executive of Neosemitech was reported to be a fellow alumnus from both his high school and university. Min apologized for the controversy surrounding his personal stock transactions but said there were "no illegal acts, including the use of undisclosed information, in the process of acquiring or selling the shares."

The People Power Party filed a complaint with the Seoul Central District Prosecutors' Office against Min on charges of both abuse of authority and violations of the Capital Markets Act in connection with the alleged use of insider information. That case was taken over by the Seoul Metropolitan Police Agency's financial crimes investigation unit.


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