Court: "Appointment of Lee Jong-sup as Ambassador to Australia Not Deemed an Escape"... Yoon Suk-yeol Acquitted in First Trial

"Appointment Process Began Before Knowledge of Travel Ban"

Jo Taeyong, Park Sungjae, and Shim Woojung Also Acquitted

Former President Yoon Suk-yeol, who was indicted on charges of aiding the overseas escape of former Defense Minister Lee Jong-sup by appointing him as ambassador to Australia, was acquitted in the first trial. The court found it difficult to conclude that former President Yoon sent former Minister Lee to Australia as ambassador in order to remove him from the Corruption Investigation Office for High-ranking Officials’ (CIO) investigation.

On September 11, the 22nd Criminal Division of the Seoul Central District Court (Presiding Judge Cho Hyung-woo) acquitted former President Yoon of charges including harboring a fugitive, abuse of power, and violation of the State Public Officials Act. Others indicted alongside him—former National Intelligence Service Director Cho Tae-yong (then National Security Advisor), former National Security Advisor Jang Hojin, former Secretary for Public Office Discipline at the Presidential Office Lee Siwon, former Justice Minister Park Seongjae, and former Prosecutor General Shim Ujeong (then Deputy Minister of Justice)—were also found not guilty.

The court ruled that it was difficult to determine that former President Yoon had the intent to help former Minister Lee escape. Discussions regarding the ambassadorship to Australia began in September 2023, and the official appointment process started in November of the same year. However, former President Yoon only learned of Lee’s travel ban after the ambassadorial appointment, on March 5, 2024. The court stated, "It is hard to conclude that Lee Jong-sup was appointed as ambassador to Australia as a way to neutralize or circumvent his travel ban, based on prior knowledge of such a restriction."

The court also cited the president's authority over personnel appointments as a basis for acquittal. "There is room to view that former President Yoon appointed Lee Jong-sup, who had served as defense minister, as ambassador to Australia—a country critical to South Korea's defense cooperation—based on his own policy and political judgment," the court said.

The court further concluded that the act of sending the former minister as ambassador to Australia does not constitute "aiding escape" as defined under the relevant criminal statutes. "Ambassadors are in official positions whose whereabouts and status, as well as their assignments, are officially confirmed and publicly announced, so assuming such a post differs fundamentally from escape in the usual sense," the court stated. The court also noted that institutional mechanisms exist that allow overseas officials to return temporarily in response to investigative summons.

The court also rejected the special counsel’s assertion that there had been undue pressure in the process of lifting the travel ban. It found, "Even before former Minister Park made any remarks, there was already an internal consensus within the Ministry of Justice to lift the travel ban, and the review committee appears to have decided to lift the ban after considering the CIO's opinion and the investigative situation."

Regarding the remaining defendants, including former National Security Advisor Cho and former Deputy Minister Jang, the court determined there was insufficient evidence to conclude that they distorted the personnel verification or travel ban lifting procedures to facilitate Lee’s escape. They were deemed to have simply carried out routine work by conveying presidential personnel orders or conducting related procedures.

This content was produced with the assistance of AI translation services.