Prosecution Dismisses Kim Dae-up`s Claim of Military Evasion

It was reported on Oct. 16th that the prosecution would dismiss the claim filed by Kim Dae-up, alleging that Lee Soo-yon, the second son of Grand National Party`s presidential candidate Lee Hui-chang, evaded the military service and Kim himself got involved in it. The prosecution, after reviewing the claim, has determined that under the criminal procedures, the claim lacks some elements, and thus it has to dismiss it.

Consequently, it is suspected that Kim, knowing that it would not warrant a commencement of a criminal case, intentionally filed the claim just to damage candidate Lee.

Last week, Kim filed a claim with the prosecution. In the claim, he alleged, "In 1989, I received 35 million won (i.e. approximately $28,000) from Soo-yon, and gave thirty million of it to a doctor working for the army hospital in Chang Dong. As a commission, I received 3 hundred won. Again in 2000, candidate Lee`s wife Han In-ok gave me additional 50 million won in return for my silence. "

The prosecution deems the part of the claim related to the alleged `89 bribe is not prosecutable since the statute of limitations (i.e. 5 years) has run out on that part. Thus, the prosecution considers it is impossible to bring any charge on that claim.

In addition, it has concluded that the claim concerning the alleged bribe by Mrs. Han is not punishable since the original crime of it is no longer punishable once the statute of limitation has run out on it. Thus, it is not possible just to prosecute a "derivative crime," if any, without bringing a charge against the origin thereof.

One high-ranking prosecutor of Seoul District Prosecutors` Office said, "Kim`s claim itself does not constitute a crime. Thus, it is not necessary whether they actually gave and received any money. "

One prosecutor of the Highest Public Prosecutors` Office confirmed, "Even if what Kim alleges were supported by hard evidence, we would not be able to prosecute the claim."

Accordingly, the prosecution plans to subpoena Kim as a material witness. And, through the questioning, if Kim fails to come up with another evidence or a claim establishing Soo-yon`s evasion, it will wrap up the case without any further investigation.

The prosecution also disclosed on Oct. 16th that it has already subpoenaed Kim for questioning. But Kim has not surrendered himself yet.

In addition, the prosecution verified, "Filing a claim is not punishable, even if the claim does not warrant the commencement of an investigation. "

One prosecutor with the Seoul District Prosecutors` Office explained, "If a claim warrants the initiation of a criminal procedure, the person who files the claim may be punishable, provided that what is alleged is false. On the other hand, if it does not guarantee the commencement, the law does not allow any prosecution of the claimant. "

Myoung-Gun Lee Sang-Rok Lee gun43@donga.com myzodan@donga.com