"Why Is This a False Official Document?" Comprehensive Special Counsel Again Criticized for Deficient Indictment

The 2nd Independent Counsel team led by Kwon Chang-young has once again faced criticism from the court for submitting a deficient indictment.

During a continued preparatory hearing held on October 20 for former Board of Audit and Inspection (BAI) officials surnamed Choi and Sohn, who are charged with obstruction of official duties by fraudulent means, the Seoul Central District Court Criminal Settlement Division 27 (Presiding Judge Woo In-sung) publicly raised questions about parts of the indictment.

The court first brought up a confirmation statement designated by the special counsel team as a falsely drafted official document, asking, "Why is this the drafting of a false official document? Isn't it a document written and submitted by an individual?"

This was meant to question whether the charge of drafting a false official document can be established, given that the document in question was written by a private individual and lacks an official's signature or seal, making it difficult to view as an official document.

The special counsel team explained that confirmation statements written during audit processes function as official documents equivalent to suspect interrogation protocols by investigative agencies, even without an official's signature.

In response, the court demanded, "If so, please submit precedents where a document written in a private person's name in this manner was treated as an official document."

The court also asked the special counsel team, "Has occupational dereliction of duty been indicted?"

The court pointed out that while the indictment suggests the defendants are accused of occupational dereliction of duty, the specific charge and applicable legal provisions are missing from the sections for "crime name" and "applicable statutes."

When the special counsel team stated that it was "omitted by mistake," the court ordered a supplement to the indictment.

The defense also requested that the special counsel team specify the intent of proof for the evidence listed in the evidence catalog.

The court stated, "I have asked about several highly questionable points, and it seems we cannot wrap up today's preparatory hearing," deciding to hold another preparatory hearing on December 1.

Choi and Sohn were brought to trial on October 8 on charges including manipulating an audit report while inspecting the alleged preferential treatment in the relocation of the presidential residence during the Yoon Suk Yeol administration.

Recently, courts have repeatedly pointed out deficient drafting in indictments during trials for cases prosecuted by the comprehensive special counsel team.

Previously, Seoul Central District Court Criminal Settlement Division 37-3 (Presiding Judges Ryu Chang-sung, Jang Seong-hoon, and Oh Chang-sub) also pointed out during the first preparatory hearing on October 19 for former Ministry of Defense Spokesperson Jeon Ha-gyu, who is charged with abetting an insurrection, saying, "(The indictment) sentences do not match. You need to use different expressions."

(Photo: Yonhap News)
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