Who Incites the Temptation of the Crime of Distortion of Law
Despite experts' concerns about the crime of distortion of law, public support remains high due to various incidents highlighting its necessity.
The article discusses the growing public support for the crime of distortion of law in South Korea, despite concerns raised by experts. This public sentiment is largely driven by experiences of perceived illegal actions by the prosecutors, such as the unlawful search and seizures conducted against Jeong Ha-won, a former executive at Discovery Asset Management. The Supreme Court ruled in favor of Jeong, emphasizing that if the crime of distortion of law had existed, such actions by the prosecution would have been less likely due to fear of repercussion.
The situation arose after the Seoul Southern District Prosecutors' Office conducted a search in July 2023, shortly after Jeong was acquitted of fraud charges. The prosecutors’ persistence in pursuing Jeong was seen as an attempt to gather evidence that could overturn the favorable verdict, which raised significant concerns regarding the legality and motivations behind their actions. The seizure included private communications between Jeong and his lawyer, raising issues pertaining to the right to legal counsel and client confidentiality.
Ultimately, the Seoul Southern District Court ruled against the prosecutor's unlawful seizure in February 2024, reinforcing the notion that evidence obtained through such illegal methods must be excluded from court proceedings. The broader implication is the urgent need to consider the accountability of legal practitioners and ensure the integrity of the judicial process, reflecting a critical dialogue on legal reforms that the rising support for the proposed law represents.