Lawmaker Na Kyung-won of the People Power Party and other lawmakers are protesting the processing of the 'Request for Submission of Documents Related to the Supreme Court's Full Bench Decision on the Case of Lee Jae-myung's Violation of the Public Official Election Act' at the Supreme Court in Seocho-gu, Seoul, on the 15th. Yonhap News 

The Seoul Eastern District Prosecutors' Office dismissed the case of Mr. Seo, son of former Minister Choo Mi-ae, in September 2020. Although the People Power Party appealed, the Seoul High Prosecutors' Office dismissed it. However, two years later, on November 25, 2022, the Supreme Prosecutors' Office ordered a reinvestigation, stating that "the investigation at the time was insufficient," and the case was reassigned to Criminal Division 3 (then-Chief Prosecutor Hwang Hyun-ah).

A reinvestigation order is a legal obligation, not a recommendation. Failure to comply with it by a lower-level prosecution office is subject to disciplinary action. Some point out that not taking any special measures for three years is effectively a refusal of the order.

Article 4, Paragraph 1 of the Supreme Prosecutors' Office's Investigation Directives Rule stipulates that "superior offices may issue necessary directives regarding investigations, and lower-level offices must follow those directives." Criminal Procedure Rule Article 136 states that "cases for which a reinvestigation order has been issued must be reinvestigated without delay and the results reported to the superior office." According to these two provisions, lower-level prosecution offices should immediately commence a reinvestigation. However, the Seoul Eastern District Prosecutors' Office did not conduct substantial investigations for over a year.

As of the first half of 2023, prosecutors summoned and investigated the officer in charge of military leave at the time and his direct superior, but the suspect himself was not investigated. Meanwhile, it was confirmed that Mr. Seo left the country without being subject to an exit ban. At the end of December 2023, Mr. Seo departed for Turkey. After confirming this fact, prosecutors requested notification upon entry from the Ministry of Justice around March 2024. This was three months after his departure.

Subsequently, the case was converted to 'prosecution suspended.' The reason cited was that the suspect was residing overseas. However, the prosecution did not take substantive measures such as revoking his passport, urging him to return, or requesting cooperation from the Ministry of Foreign Affairs. The prosecution suspended status remains in effect to this day, and there has been no progress in the case.

In March 2024, a prosecutor's office official explained, "We have implemented a notification upon entry, and we plan to secure and investigate the suspect upon his return," but there has been no further progress. Ultimately, the Supreme Prosecutors' Office's reinvestigation order remains in effect, but the investigation is effectively stalled.

Im Eun-jung, the Prosecutor General of the Seoul Eastern District Prosecutors' Office, who took office in July 2025, briefly mentioned at the National Assembly audit in October that "the suspect is currently under prosecution suspended status," but did not disclose specific measures or a timeline. Within the prosecution, there are concerns that "leaving a case under a reinvestigation order in an unresolved state for over a year is almost unprecedented." Criticism is also being raised that the reporting obligations under the Supreme Prosecutors' Office's Investigation Directives Rule and Criminal Procedure Rule have not been fulfilled.

The Supreme Prosecutors' Office has stated its position that "the reinvestigation order remains in effect, and the investigation will resume immediately upon the suspect's return." However, it is known that no interim reports or investigation results have been submitted to the superior office to date.

Opinions within and outside the prosecution suggest that "leaving a reinvestigation order case unattended for a long period could be considered a failure to comply with directives." Legal figures with prosecution backgrounds point out that "a reinvestigation order is a directive from a superior office and a procedure akin to internal disciplinary review; if a lower-level office fails to comply, it is typically subject to disciplinary action."

Criticism also continues from the political sphere. An official from the People Power Party stated, "Delaying the investigation for over a year after the Supreme Prosecutors' Office's order is an act detached from the public's sense of justice," adding, "This situation is compounded by the controversy over the prosecution's non-compliance, following allegations of special treatment during military service."

The Supreme Prosecutors' Office's order is valid, but the investigation is at a standstill. The law stipulates that an investigation should commence "without delay," yet the prosecution's clock has been stopped for over a year. The passage of time according to the law continues, but the prosecution, which should be moving that clock, remains stopped.

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