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Former Attorney General Ahn Tae-geun from the Ministry of Justice, who was handed over to trial for retaliation against prosecutor Seo Ji-hyun, was found not guilty in the revocation trial. In January, the Supreme Court returned the case to the second trial, asking that the case be judged as innocent, and the second trial followed the decision.
Section 4-2 of the Seoul Central District Court Office of Criminal Affairs (Presiding Judge Ban Jeong-mo) was acquitted on the 29th in a destruction trial by Director Ahn, accused of obstructing the exercise of rights of abuse of office. The judge stated the reason for the innocence, saying: “Looking at the law of the dismissal sentence (of the Supreme Court), it cannot be said that the written personnel plan in this case constitutes a violation of the law for doing nothing” .
This case was discovered when prosecutor Seo Ji-hyun appeared on a broadcast in late January 2018, revealing that he had been sexually harassed by the former security prosecutor. Sexual harassment was not punished after the approval of the statute of limitations (7 years), but the charges of abuse of authority were brought when the Suwon District Prosecutor’s Office ordered the Seo Prosecutor to move to the Changwon District Prosecutor’s Office in Tongyeong in August 2015. In 2015, Ahn, the former head of the prosecutor’s office, wrongfully demoted him to the Tongyeong branch to disadvantage Seo prosecutors who discussed the issue of sexual harassment.
The first and second trials pleaded guilty. This was the reason for the violation of the “career verification branch” principle, which grants preferential treatment to the next person if he works in a small branch (butchi branch) without a deputy prosecutor. Former director Ahn was sentenced to two years in prison in the first trial and sentenced to court on the spot, and the second trial handed down the same sentence.
However, the Supreme Court annulled the first and second trials, saying: “Trade abuse is established when a subordinate is forced to perform work without obligations in violation of legal standards or procedures.” She said: “The human resources authority has a wide range of discretion, and the principle of ‘receive a post office for a career inspection’ is simply the content that the next person will consider the inspection at the post office.” Even if a person does not observe this, it can be considered to fall within the scope of ‘staff discretion’, so it is not illegal. The judiciary also ordered former director Ahn to be released from authority.
The prosecution called for two years in prison for Ahn in a decision on the reconciliation and remand decision last month. Before sentencing, the prosecution also requested a change of indictment with the intention of switching the other party from the abuse of authority from the prosecutor in charge of the staff to the prosecutor Seo Ji-hyun as a preliminary indictment. Since there is a high probability that a conviction will be found not guilty if it fits the purpose of the Supreme Court ruling, in preparation for this, the indictment was partially modified and the court requested an additional sentence.
However, the court also said, “Seo Ji-hyun’s transfer to the Tongyeong Branch from the Changwon Branch cannot be considered outside the scope of his duties as stipulated by the statute. He was acquitted of the crime of abuse of authority and does not bear the duty of any obligation.
“Sometimes it is uncomfortable to listen to and incredible it can be the truth,” Ahn said, in the final statement of the farewell court. “Now it is up to the judge to find out what the truth is about this case. Hopefully, make a wise and courageous judgment. “
