Former justice acquitted in Hwacheon Daeyu case due to unlawful prosecution

Former Supreme Court Justice Kwon Soon-il has been cleared in the first trial of charges that he worked as a consultant for Hwacheon Daeyu, a company involved in the Daejang-dong development scandal, without registering as a lawyer. The Seoul Central District Court dismissed the case, citing procedural irregularities in the prosecution's investigation and indictment.

The court's decision hinged on the interpretation of the Prosecutors' Office Act. Judge Kim Dae-gyu ruled that Kwon's alleged violation of the Attorneys-at-Law Act did not qualify as a crime for which prosecutors could independently initiate an investigation. The prosecution had argued that Kwon's legal activities for Hwacheon Daeyu between January and August 2021, for which he allegedly received 150 million won, constituted illegal practice as he was not registered with the Korean Bar Association. However, the court found that the investigation was based on a complaint rather than the prosecution's direct knowledge of a crime, thus exceeding their investigative authority.

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I express my gratitude to the courageous court that declared according to the law. But is it possible in a rule-of-law country like South Korea for someone's human rights to be violated for five years through searches, seizures, and forensic analysis of mobile phones, just because I didn't register as a lawyer when I had no intention of practicing law?

"The investigation into the charges in this case was conducted in violation of related laws that limit the prosecution's investigative authority and stipulate its investigative closure rights," the court stated. "Therefore, the indictment itself is invalid due to legal violations."

Following the ruling, Kwon expressed gratitude to the court but strongly criticized the prolonged investigation. "Is it possible in a rule-of-law country like South Korea for someone's human rights to be violated for five years through searches, seizures, and forensic analysis of mobile phones, just because I didn't register as a lawyer when I had no intention of practicing law?" he questioned. Kwon demanded a thorough investigation into the alleged misconduct by investigative agencies and a sincere apology from the authorities for the human rights infringements he experienced.

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An earnest apology from powerful authorities is necessary for the injustice suffered by citizens whose human rights were violated by the illegal actions of investigative agencies.