2023-12-28 08:15:00
On the 28th, the first argument preparation day for the impeachment trial of Busan District Prosecutors’ Second Deputy Chief Prosecutor Ahn Dong-wan was held at the Constitutional Court in Jongno-gu, Seoul. The photo shows lawyer Kim Yu-jeong (left), representing the National Assembly, and former Constitutional Court Justice Lee Dong-heup, representing Prosecutor Ahn. /News 1
The impeachment trial began on the 28th for prosecutor Ahn Dong-wan (53, 32nd class of the Judicial Research and Training Institute), who was impeached by the National Assembly for the first time in constitutional history. Prosecutor Ahn was impeached last September on the grounds of retaliatory prosecution in connection with the ‘Seoul City civil servant spy manipulation case’.
At the first argument preparation day held at the Constitutional Court on this day, there was a tense confrontation between the National Assembly’s representative and Prosecutor Ahn’s representative. Attorney Kim Yoo-jung attended as a representative for the National Assembly, and former Constitutional Court Justice Lee Dong-heup attended as a representative for Prosecutor Ahn.
The National Assembly argued, “Prosecutor Ahn’s indictment of former Seoul City government official Yoo Woo-seong on charges of violating the Foreign Exchange Transactions Act is an abuse of the power of public prosecution and an act of abuse of power and obstruction of the exercise of rights under the Criminal Act.” He continued, “After Prosecutor Ahn filed the indictment illegally, Mr. Yoo suffered the disadvantage of undergoing an unnecessary trial until the Supreme Court made the final judgment of ‘abuse of the right to public prosecution.’” He added, “Since the abuse of the right to public prosecution was acknowledged, it naturally falls under the category of abuse of power.” “He said.
However, Prosecutor Ahn said, “We maintain the position that Mr. Yoo’s charge of violating the Foreign Exchange Transactions Act is not an abuse of the right to indict because the indictment was filed due to changes in the previous circumstances, such as the discovery of new facts.” He continued, “Considering that due process was followed and the court said it did not constitute an abuse of public prosecution rights, there was no serious violation of the law to justify dismissal.”
The reason for impeachment is that Prosecutor Ahn’s indictment of Yoo Woo-seong, a victim of the ‘spy manipulation case’ in 2014, on charges of illegal remittance to North Korea (violation of the Foreign Exchange Transactions Act) was an abuse of prosecutorial power and a violation of the Constitution and laws. Mr. Yu was indicted on espionage charges in 2013, but was acquitted following the National Intelligence Service’s manipulation of evidence was revealed at trial. Prosecutors involved in the investigation of this case were disciplined. Then, the Democratic Party and others claim that the prosecution once more brought up the charge of illegal remittances to North Korea once morest Mr. Yoo, which had previously been suspended from indictment, and carried out a ‘retaliatory prosecution’.
When Prosecutor Ahn indicted Mr. Yoo in 2014, he applied two charges, including violation of the Foreign Exchange Transactions Act and ‘obstruction of official duties by hierarchy’ for getting a job as a Seoul city government official with false career records. The first trial found all guilty and sentenced them to a fine of 10 million won. The second trial ruled to dismiss the indictment on the charge of violating the Foreign Exchange Transactions Act, saying it was an “abuse of the prosecutor’s power to prosecute,” and sentenced him to a fine of 7 million won for the charge of obstructing the execution of official duties. In 2021, the Supreme Court also upheld it.
The Constitutional Court will complete the preparatory procedures today and hold its first formal argument later. Prosecutor Ahn, who serves as the second deputy chief prosecutor of the Busan District Prosecutors’ Office, will be suspended until the Constitutional Court’s decision is made.
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