Civic group, prosecutors protest decision not to appeal in Daejang-dong case

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Civic group, prosecutors protest decision not to appeal in Daejang-dong case

Acting Prosecutor General Noh Man-seok does not respond to reporters’ questions about the prosecution’s decision to drop its appeal in the Daejang-dong case on Nov. 10. [KIM SEONG-RYONG]

Acting Prosecutor General Noh Man-seok does not respond to reporters’ questions about the prosecution’s decision to drop its appeal in the Daejang-dong case on Nov. 10. [KIM SEONG-RYONG]

 
A conservative civic group has filed a criminal complaint against senior officials in the prosecution and the government over the decision not to appeal a ruling in the Daejang-dong development case, a move that offers President Lee Jae Myung distance from other culprits.
 
In its complaint, the Public Welfare Committee said it could “not rule out the possibility that external pressure or improper orders influenced the unprecedented decision to drop the appeal.” The group argued there was “reasonable suspicion that prosecutors betrayed their constitutional and legal duty to carry out their work fairly.”
 

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The complaint came after growing backlash from some in the prosecution and the public over the decision not to challenge a lower court ruling in the Daejang-dong land development scandal that acquitted the defendants of breach of trust charges on Oct. 31. The Seoul Central District Prosecutors’ Office did not submit an appeal before the deadline, which expired at midnight on Saturday.
 
The scandal revolves around a public–private housing project in Seongnam, Gyeonggi, initiated in the mid-2010s during President Lee Jae Myung’s tenure as the city’s mayor. Prosecutors claim that a group of private developers reaped excessive profits through insider arrangements, resulting in financial losses for the city.
 
The prosecution accused Yoo Dong-gyu, the former acting president of the Seongnam Development Corporation, and Kim Man-bae, the main shareholder of the asset management firm Hwacheon Daeyu, which participated in the project, of promising to pay 42.8 billion won ($29,500) to Jeong Jin-sang, the former deputy chief of staff to Lee.
 
In its verdict, the first court stated that “Lee Jae Myung and Jeong Jin-sang appeared to have been informed about how private developers contributed to Lee’s mayoral re-election campaign,” suggesting the possibility of Lee’s involvement.
 
However, in opting to forgo an appeal, prosecutors have lost the chance to further pursue that argument, thereby weakening the connection between Seongnam city officials and the private sector.
 
Kim Man-bae, a journalist-turned-real estate developer and key figure in the Daejang-dong scandal, attends a court hearing at the Seoul Central District Court in Seocho District, southern Seoul, on Sept. 13, 2023. [NEWS1]

Kim Man-bae, a journalist-turned-real estate developer and key figure in the Daejang-dong scandal, attends a court hearing at the Seoul Central District Court in Seocho District, southern Seoul, on Sept. 13, 2023. [NEWS1]

 
Legal experts note that it is unprecedented for prosecutors to abandon an appeal after major charges have resulted in acquittals. For Lee, the highest potential sentence upon conviction has effectively been reduced from life imprisonment to a maximum of 10 years in prison.
 
The civic group submitted the complaint to the Seoul Metropolitan Police Agency, accusing six people including Justice Minister Jung Sung-ho and Acting Prosecutor General Noh Man-seok of abuse of power, obstruction of business and defamation. Others named in the complaint were Vice Justice Minister Lee Jin-su; Park Chul-woo, head of the Supreme Prosecutors’ Office’s anticorruption department; Kim Hyun-ji, senior presidential secretary for the first secretary’s office; and Bong Wook, senior presidential secretary for civil affairs.
 
The group said Minister Jung and others “not only abused their authority to interfere with their subordinates’ duties but also damaged their self-esteem and reputation.”
 
It added that if the decision to drop the appeal was made under illegal or improper instruction, those responsible should be “punished under the principle of zero tolerance regardless of rank or position.” It called for a thorough investigation to “restore public trust in the prosecution.”
 
Yoo Dong-gyu, the former acting president of Seongnam Development Corporation, speaks to the press as he arrives for the first trial sentencing hearing at the Seoul Central District Court in southern Seoul on Oct. 31. [NEWS1]

Yoo Dong-gyu, the former acting president of Seongnam Development Corporation, speaks to the press as he arrives for the first trial sentencing hearing at the Seoul Central District Court in southern Seoul on Oct. 31. [NEWS1]

 
Eighteen senior prosecutors from offices across the nation demanded Monday that Noh explain the reasoning and background behind his decision to forgo the appeal.
 
In a joint statement, they said Noh’s public remarks “did not include any detailed explanation or legal reasoning for the decision not to appeal,” adding, “As those responsible for overseeing prosecutions at local offices, we respectfully request a full and clear account of the process and legal basis that led to the order to drop the appeal.”
 
As criticism mounted, the acting prosecution chief released a statement Sunday saying the decision was made after “consulting” with the Ministry of Justice and comprehensively reviewing the ruling and case records. He said it was concluded that not appealing was “appropriate.”
 
Noh added that the decision was reached after careful “deliberation in consultation with Jung Jin-woo,” head of the Seoul Central District Prosecutors’ Office, and under his own purview as acting prosecutor general.
 
Noh’s decision not to appeal the first trial verdict sent shockwaves through the legal community.
 
Justice Minister Jung Sung-ho speaks to the press about the prosecution’s decision to drop its appeal in the Daejang-dong case as he arrives at the Ministry of Justice at the Government Complex in Gwacheon on the morning of Nov. 10. [YONHAP]

Justice Minister Jung Sung-ho speaks to the press about the prosecution’s decision to drop its appeal in the Daejang-dong case as he arrives at the Ministry of Justice at the Government Complex in Gwacheon on the morning of Nov. 10. [YONHAP]

 
Research officers at the Supreme Prosecutors’ Office, tasked with planning, investigation and research, also submitted a statement Monday calling for Noh’s resignation.
 
The officers said in their statement that “the acting prosecutor general’s official position on the decision not to appeal the Daejang-dong case is difficult to accept” and that “the decision has effectively abandoned the prosecution’s core duty of maintaining criminal charges in court.”
 
Justice Minister Jung said Monday he felt “deeply sorry as minister for causing public concern.”
 
Speaking to reporters on his way to work at the Justice Ministry headquarters in Gwacheon, Gyeonggi, he described the case as “a successful investigation and a successful trial.”
 
“The purpose of an investigation is to identify the perpetrators, secure evidence, indict them and ensure that they receive a punishment appropriate to their crimes,” Jung said. “In this case, the court handed down a sentence that exceeded both the prosecution’s recommendation and the usual sentencing standard on which appeals are based.”
 
President Lee Jae Myung inspects facilities during a visit to the Korea Institute of Fusion Energy in Daejeon on Nov. 7. [PRESIDENTIAL OFFICE]

President Lee Jae Myung inspects facilities during a visit to the Korea Institute of Fusion Energy in Daejeon on Nov. 7. [PRESIDENTIAL OFFICE]

 
Jung added that because the defendants received heavier sentences than the prosecution had sought, “We judged that there was no issue in deciding not to appeal.”
 
Jung also acknowledged there had been “many criticisms of the investigation process,” but said prosecutors “did their best in both the investigation and the trial to uphold the charges and achieved a reasonable outcome.”
 
Citing the case of Yoo, Jung noted that “although prosecutors sought a seven-year prison term, the court sentenced him to eight years,” adding again that “since the sentence was heavier than what prosecutors requested, it was reasonable not to appeal.”
 
Meanwhile, the Democratic Party is advocating for the repeal of the breach of trust provision under the Criminal Act. If the law is abolished while President Lee’s case is still underway, the key charge that formed the basis of the first trial’s verdict could be nullified or dropped by prosecutors.


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM MIN-YOUNG, BAE JAE-SUNG, SUK GYEONG-MIN, KIM EUN-BIN [[email protected]]
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