When the Democratic Party of Korea, which had been abusing impeachment proceedings against public officials such as ministers, judges, and prosecutors, began to ‘take the lead’ by disclosing the real names and photos of the prosecutors who investigated the Democratic Party leader Lee Jae-myung and the first lady Kim Kun-hee’s family, the legal community called it a stalking crime. An opinion was expressed on the 13th saying, “There is a possibility of punishment.”
Co-Chairman Park Chan-dae and other members of the Democratic Party of Korea’s Prosecution and Dictatorship Political Oppression Countermeasures Committee are holding a press conference at the National Assembly in Yeouido, Seoul in February./News 1
The current Act on the Punishment of Stalking Crimes (Stalking Punishment Act) stipulates that ‘an act of providing, distributing or disclosing the other party’s information to a third party using an information and communications network against the other party’s will without a justifiable reason may cause anxiety or fear in the other party. ‘Causing ‘is defined as stalking. The crime of stalking can be established by continuously and repeatedly disclosing information that can identify the other person, such as name, designation, or photo, to an unspecified number of people without justifiable reason.
The Democratic Party’s ‘Prosecution Dictatorship and Political Oppression Countermeasure Committee’ revealed the real names and photos of Chief Prosecutor Lee Jeong-hwa and Chief Prosecutor Kim Young-cheol over two days last weekend. The countermeasures committee claimed that the two prosecutors conducted a ‘benevolent investigation’ while investigating First Lady Kim Kun-hee’s family, and received a lucrative job in return. The countermeasures committee was chaired by Democratic Party lawmakers Park Beom-gye and Park Chan-dae, respectively, as standing and co-chairs. In fact, the handouts produced by the Democratic Party were widely shared in the opposition Internet community.
However, contrary to the Democratic Party Countermeasures Committee’s claims, Chief Prosecutor Lee Jeong-hwa was not working at the prosecutor’s office when the police rejected the search and seizure warrant for Ms. Kim’s family, and rather, it is said that she requested a supplement to the police warrant after taking office. It is said that he was indicted after proving the additional charge of ‘obstructing the execution of official duties’ in addition to the crime sent by the police. Chief Prosecutor Kim Young-cheol, who investigated the ‘Deutsche Motors stock price manipulation case’, is also known to have searched and seized about 50 places and summoned about 150 people for questioning after receiving a complaint from the Democratic Party in September 2020 during the Moon Jae-in administration. Among them, six people involved were arrested and indicted. One legal expert said, “If the Democratic Party does not provide a ‘legitimate reason’ for disclosing the personal information of the two prosecutors, it seems difficult to avoid criticism for engaging in stalking.”
It is also pointed out that the Democratic Party’s ‘targeting’ of front-line prosecutors has been carried out continuously and repeatedly. The countermeasures committee also caused controversy in December of last year and last July by disclosing the real names and some photos of prosecutors investigating cases related to CEO Lee Jae-myung. A lawyer who used to be a judge said, “It is also a problem that the Democratic Party’s ‘marking’ may continue to occur in the future.”
The National Assembly passed an amendment to the Stalking Punishment Act at the plenary session last June, stating that ‘the perpetrator can be punished even if the victim of the stalking crime does not want to be punished.’ Under the existing stalking punishment law, the investigative agency could only punish the perpetrator after confirming the victim’s intention to punish due to the ‘crime of impunity against the will’, but this was abolished. This revised law went into effect immediately after its promulgation last July. Even if front-line prosecutors whose real names and faces are forcibly revealed do not clearly express their intention to punish, they can hold members of the Democratic Party’s countermeasures committee responsible according to the current stalking punishment law.
Legal experts said, “Whether the Democratic Party Countermeasures Committee can apply the provisions of the stalking punishment law to the act of randomly disclosing personal information of front-line prosecutors will likely have to be judged on an individual case basis.” It has been reported that no complaint or indictment regarding the Democratic Party’s ‘coordinate marking’ act has yet been received by the investigative agency.
2023-11-13 04:09:06
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