Police Officers Investigated for Dereliction of Duty in Smelter Pollution Case

Police officers involved in a decision not to prosecute an executive from Youngpoong Corporation are now facing a complaint for dereliction of duty. Residents near the Youngpoong smelter in Bonghwa County allege that the investigation into heavy metal pollution in the Nakdong River was inadequate, as the executive, Jang Hyeong-jin, was allegedly never directly interrogated.

The complaint was filed by environmental action committees representing residents affected by pollution from the smelter. They accuse the police officers of improperly closing the case approximately three months after Jang was accused of violating environmental laws. The police had initially decided not to forward the case, citing a lack of evidence that Jang exerted practical influence over the smelter's operations after stepping down as CEO in 2015. They also noted that the statute of limitations had passed for actions taken before 2015.

Residents dispute this, arguing that the police failed to adequately investigate Jang's actual involvement in management after he ceased being CEO, especially since the Fair Trade Commission designated him as the de facto owner of the Youngpoong Group. They also contend that the statute of limitations could be extended if the pollution is considered a single, ongoing crime.

“

The Fair Trade Commission designated him as the 'identical person (controlling shareholder)' who effectively controls the Youngpoong Group even after stepping down as CEO.

The smelter has a long history of environmental concerns. In 2021, the Ministry of Environment imposed a fine of approximately 28.1 billion won on Youngpoong after detecting cadmium levels exceeding standards downstream of the smelter and confirming a pathway for cadmium leakage into the Nakdong River. However, in a separate criminal trial concerning similar pollution allegations, company executives and the corporation were acquitted due to insufficient evidence proving cadmium leakage or the executives' intent or negligence.

Despite the acquittals, residents maintain that Jang, having served as CEO for an extended period, should be held responsible. The Seoul Metropolitan Police Agency's investigation review committee recently decided to reinvestigate Jang, with the case now assigned to the agency's major crimes unit. The Gangnam Police Station, which initially handled the case, stated their decision was based on a review of existing judgments and evidence, irrespective of the accused's status.

“

The evidence submitted was insufficient to acknowledge that cadmium leaked into the Nakdong River through factory cracks, and there was insufficient evidence to acknowledge the intent or negligence of former CEO Lee Kang-in and others.