Mar 15 • 11:02 UTC 🇰🇷 Korea Hankyoreh (KR)

'Law Distortion Crime' Cho Hee-dae - Why was it transferred to the Seoul Police Department's Special Investigations Unit? Legal community says it's difficult to prove intention.

The case involving Chief Justice Cho Hee-dae, charged under the newly implemented 'Law Distortion Crime', has been transferred to the Seoul Police's Special Investigations Unit for review, but the legal community doubts its potential for actual prosecution due to the challenges of proving intent and the legality of retroactive punishment.

The recent transfer of the case against Chief Justice Cho Hee-dae, the first to be charged under South Korea's recently enacted 'Law Distortion Crime', has raised significant debate within the legal community. On the day the law went into effect, a complaint was lodged against Cho and another Supreme Court Justice, alleging that they intentionally distorted legal principles to favor President Lee Jae-myung in a criminal case. However, the complexities surrounding the case, including questions about the law's retroactive application and proving the intent of the justices involved, could lead to difficulties in pursuing actual charges.

Legal experts have pointed out that the principle of non-retroactivity would prevent punishment for actions that were not defined as crimes at the time they were committed. Given that Cho's actions related to a legal decision already made—specifically the overturning of earlier convictions—it raises serious legal questions about the applicability of the new law in this scenario. Moreover, attorneys express skepticism about the practicality of proving wrongful intent, which would be essential for any successful prosecution.

In conclusion, while significant media attention surrounds the case, the general consensus within legal circles is that the likelihood of actual prosecution for Cho Hee-dae under the 'Law Distortion Crime' is quite low, due to both legal principles affecting retroactivity and the inherent challenges of establishing intent. As the Seoul Police Special Investigations Unit begins its review, the focus will likely shift to the broader implications this case may have for the judicial system in South Korea and its interpretation of newly established laws.

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