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Supreme Court Orders Return of 'State Affairs Manipulation' Tablet to Choi Seo-won

From Hankyoreh · (21h ago) Korean Mixed tone

Translated from Korean, summarized and contextualized by DistantNews.

TLDR

  • South Korea's Supreme Court ruled that a tablet PC used as evidence in the "state affairs manipulation" scandal must be returned to Choi Seo-won (formerly Choi Soon-sil).
  • The tablet contained evidence of Choi's involvement in former President Park Geun-hye's state affairs, which was crucial in their convictions.
  • This ruling follows a previous Supreme Court decision in 2022 that also affirmed Choi's ownership of another tablet used in the case.

In a significant legal development, South Korea's Supreme Court has ruled that a tablet PC, central to the "state affairs manipulation" scandal involving former President Park Geun-hye, must be returned to its owner, Choi Seo-won (formerly Choi Soon-sil).

The tablet, submitted to prosecutors in 2016 by Choi's niece, Jang Si-ho, contained crucial evidence detailing Choi's interference in state affairs. This evidence played a pivotal role in the subsequent convictions of both former President Park and Choi herself, leading to severe prison sentences.

Choi had initiated a lawsuit in January 2022 seeking the return of the device, asserting her ownership rights. The legal basis for such claims stems from Article 133 of the Criminal Procedure Act, which allows owners to reclaim seized items after a criminal judgment is finalized, provided they were not subject to confiscation.

Choi Seo-won's criminal judgment has been finalized, and it did not include a sentence for the confiscation of the seized item.

— First Instance CourtRuling in favor of Choi Seo-won's claim for the return of the tablet PC.

Both lower courts had previously sided with Choi. The first instance court acknowledged Choi's claim, stating that the criminal judgment against her did not include the confiscation of the tablet and that she was recognized as the owner who directly purchased and used the device, granting her the right to demand its return.

This latest ruling by the Supreme Court reinforces a previous decision made in September 2022 concerning another tablet PC, also obtained by JTBC and submitted to prosecutors during the scandal's investigation. In that instance, the Supreme Court also affirmed Choi's ownership and ordered the state to return the device. The court's consistent stance highlights the legal complexities surrounding evidence ownership and return in high-profile cases.

According to the special prosecutor's team's announcement at the time, it was recognized that Choi Seo-won was the owner who directly purchased and used this tablet PC, thus having the right to claim its return.

— First Instance CourtJustification for returning the tablet PC to Choi Seo-won.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.