'Illegal Overseas Transfer of Kim Hak-eui' Case Involving Lee Gyu-won and Cha Gyu-geun, Assigned to Collegiate Panel

by Kim Daehyun

Published 05 Apr.2021 16:44(KST)

Chagyugeun, Director of the Immigration and Foreign Policy Bureau at the Ministry of Justice [Photo by Yonhap News]

[Asia Economy Reporter Kim Daehyun] The court has assigned the case involving Prosecutor Lee Gyuwon and Cha Gyugeun, head of the Ministry of Justice's Immigration and Foreign Policy Headquarters, who were indicted for alleged illegal travel bans related to former Deputy Minister of Justice Kim Hak-ui, to the Election and Corruption Division.

On the 5th, the Seoul Central District Court assigned the case of Prosecutor Lee and Head Cha, who were indicted without detention on charges including abuse of authority and obstruction of the exercise of rights, to the Criminal Division 27 (Presiding Judges Kim Seonil, Kim Taekyun, Lee Seunghun). Initially, the case was scheduled to be heard by a single judge. However, considering the seriousness and complexity of the issues, the court decided through a procedural agreement to have the case heard by a collegiate panel.

Currently, Criminal Division 27 is handling cases such as former Police Chief Kang Shinmyung, accused of illegal political intervention using intelligence police during the Park Geunhye administration, and lawyer Kang Yongseok, who is charged with spreading false information about former Blue House spokesperson Park Suhyun.

Presiding Judge Kim Seonil (age 47, Judicial Research and Training Institute class 29) is from Uiseong, Gyeongbuk, graduated from Masan High School and Seoul National University, and has served at the Seoul Southern District Court, Wonju Branch of Chuncheon District Court, Incheon District Court, Seoul Eastern District Court, and as a research judge at the Supreme Court.

Earlier, on the 1st, the Suwon District Prosecutors' Office's 'Kim Hak-ui Travel Ban Investigation Team' (led by Lee Jeongseop, Head of Criminal Division 3) indicted Prosecutor Lee and Head Cha without detention on charges including abuse of authority, obstruction of the exercise of rights, falsification of official documents, and use of falsified official documents. Considering their addresses, the prosecution filed the case at the Seoul Central District Court instead of the Suwon District Court.

Prosecutor Lee, who was dispatched to the Supreme Prosecutors' Office's Past Affairs Investigation Unit, is accused of abusing his authority by creating false official documents during the emergency travel ban process against former Deputy Minister Kim, who was about to depart for Bangkok, Thailand, on March 22, 2019, and using those falsified documents to request the emergency travel ban.

At that time, former Deputy Minister Kim was not subject to a travel ban as he had not been criminally charged, but Prosecutor Lee had already requested an emergency travel ban from the Incheon Airport Immigration Office by listing the case number of a sexual assault case in which Kim was cleared by the Seoul Central District Prosecutors' Office in 2013.

Subsequently, in the emergency travel ban approval request submitted to the Ministry of Justice, instead of the case number listed in the earlier emergency travel ban request, a fake investigation number 'Seoul Eastern District Prosecutors' Office 2019 Internal Investigation No. 1' was written and submitted.

Head Cha is accused of receiving reports 177 times from March 19 to 22, 2019, through Ministry of Justice immigration inspection officials, containing personal information inquiries including former Deputy Minister Kim's name, date of birth, and immigration restriction information. Additionally, he is charged with approving the emergency travel ban request on the morning of the 23rd, a day after Prosecutor Lee illegally requested the emergency travel ban, despite being aware of the circumstances.