Election Commission Special Counsel: Court Rejects Search Warrant for Senior Judges' Election Allowances

▲ Special Counsel Lee Tae-han, tasked with investigating the shortage of ballot papers during the June 3 local elections, applauds after unveiling the signboard at his office set up in Seocho-gu, Seoul, on September 7.

The special counsel team led by Lee Tae-han, which is investigating the shortage of ballot papers and other irregularities surrounding the June 3 local elections, sought to expand its probe to include current and former senior judges such as Supreme Court justices, but the court rejected the related search and seizure warrants.

The special counsel team announced that it applied for search and seizure warrants on the day before yesterday (October 12) to collect evidence from the National Election Commission and other locations, and the Seoul Central District Court dismissed them today (October 14).

The special counsel team has been investigating potential criminal charges after discovering that, starting in 2014, the National Election Commission chairperson was paid 2.9 million won per month, while non-standing commissioners received 2.15 million won per month under the guise of meeting attendance allowances, agenda review allowances, and "fair election promotion activity expenses."

This suspicion was not covered in the previous investigations by the joint police and prosecution investigation headquarters, and is a case directly perceived by the special counsel team launched last month.

However, the court dismissed the request for search and seizure warrants, stating that "the factual relations have been basically grasped, and the suspects appear to have differing legal evaluations," and that "it appears highly likely to cause substantial disruption to the normal operations of the National Election Commission."

The special counsel team emphasized, "This request for search and seizure warrants was intended to promptly secure necessary evidence to uncover suspicions regarding the fair election promotion activity expenses paid to current and former senior judges, including Supreme Court justices, and to verify specific facts based on them."

It added, "The special counsel team has specifically substantiated criminal charges by combining the facts confirmed through investigations thus far and the materials secured from the Board of Audit and Inspection, and sufficiently explained the necessity of securing materials through search and seizure."

Furthermore, the special counsel team explained, "Including this incident, there have recently been cases where the court dismissed some search and seizure warrant requests for reasons that are difficult to understand," and added, "To uncover the truth behind various suspicions, the special counsel team will continue its investigation without wavering by re-applying for search and seizure warrants."

Given that the period during which the fair election promotion activity expenses were paid spans 12 years, multiple current and former senior judges who served as National Election Commission chairpersons and non-standing commissioners during this period are reportedly within the scope of the special counsel team's investigation.

By convention, the chairperson of the National Election Commission is held by a Supreme Court justice, while some of the non-standing commissioners and regional election commission chairpersons are also served by senior judges.

Roh Tae-ak, a former Supreme Court justice who served as the chairperson of the National Election Commission during the June 3 local elections, has already been booked on charges of violating the Public Official Election Act and dereliction of duty regarding the ballot paper shortage incident, and is also facing suspicions of a "junket trip" overseas with his spouse.

In addition to the ballot paper shortage, the special counsel team is investigating overall related suspicions, including manipulation of election voting statistics by the election commission, overseas junkets by election commission officials, preferential treatment in hiring and promotions, and preferential treatment in private contracts and collusion with businesses.

(Photo: Yonhap News)

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