By Sabah S. Themis B.S. of Political Science, J.D. in Law and LL.M. in International Law
KOREAN pop star Seungri has consistently maintained his innocence throughout the investigation for his alleged wrongdoings, and his pre-trial detention hearing was no different.
He had been investigated for more than three months and questioned 18 times within the said period. However, the South Korean police have not brought any formal charges against him and pushed for detention.
Recently, authorities have decided to hand-over the case to the prosecution and asked for a pre-trial detention warrant, or Arrest Warrant (AW). South Korean prosecutors, citing concerns about destruction of evidence, requested the court to approve an order for an AW for Seungri.
Even as the prosecution moved forward, it was apparent from the investigator’s official statements that it would be hard to know if their request would meet the courts’ exacting standards. There was no guarantee that the arrest warrant would be granted.
Sr. Prosecutor Shin Eung-seok of the Seoul Central District Prosecutor’s office identified three charges that could be leveled against Seungri. Based upon the request for the AW, three alleged crimes and criminal codes could be confirmed: 1. Prostitution mediation (SK Criminal Code Article 242 – Arranging for Prostitution); 2. Embezzlement of corporate funds (SK Criminal Code Article 356 – Occupational Embezzlement and Breach of Trust, and Article 3 – Aggravated Punishment for Specific Property Crime, On The Aggravated Punishment, Etc. of Specific Economic Crimes); and 3. Food Sanitation Act (SK Criminal Code Article 21 – Enforcement Decree of Food Sanitation Law). Wrongfully registering a business is a violation.
The pre-trial AW, or detention warrant, is simply a judicial authorization that allows the lengthy detention of the suspect. In South Korea, police can detain a suspect for questioning for 48 hours without an arrest.
For a longer period than 48 hours, investigators must secure an AW. However, the police cannot apply for the request on their own. They must pass on the case to the prosecution, who decides if detaining the suspect for more than 48 hours is merited, and make the formal request of a detention warrant from a court. A presiding judge, based on the recommendations and evidence, decides whether to grant an AW to hold the suspect in detention while the investigation continues.
Investigation begins
THE investigators’ actions led to a pre-trial detention hearing on May 14. The Seoul Central District Court was tasked to decide if Seungri should be detained for further investigation.
With his lawyer Son Byung-ho, Seungri arrived ready, willing and able to answer the court about the allegations brought against him.
When the artist entered the Seoul Central District Court around 10 a.m., he walked in without restraints as it was deemed unnecessary by law. He was not a flight risk, nor a risk to injure himself, the officers, or the public.
After hours in the court, Seungri was escorted to a detention facility at the Jungnang Police Station to await the court’s decision. In South Korea, the subjects of such requests usually wait in a detention center for the outcome of the court hearing, so they can go straight into custody if the AW is granted. If the AW is rejected, they are free to leave.
After the AW hearing, there are three possibilities that determine if restraints are used or not used on suspects upon leaving the court:
1) If the court immediately rejects an AW, the suspect is free to leave. At this time, s/he is completely free to leave and return to his/her normal life, and is not restrained when leaving the building.
2) If the court immediately grants an AW, then the suspect is put under arrest. An arrested suspect is not free to leave and they are put under police custody. S/he loses his/her freedom, and is therefore restrained when leaving the courthouse.
3) If the court adjourns to deliberate a decision, then the suspect will not be placed under arrest, but must remain in custody of the police until the decision is passed. When a suspect is taken into police custody pending decision of an AW, they are by law restrained while leaving the court building.
When Seungri’s hearing concluded after two hours and 20 minutes, the court had not reached a decision on the AW. Thus, his case falls under the third circumstance where the suspect is not arrested nor classified as a criminal. However, the suspect, by law, must be held in police custody until the court makes the ruling regarding the AW.
Seungri was bound with a cloth and rope restraints as he was led out of the court and into custody. It is a legal practice to use lesser forms of restraint when taking a suspect into custody pending the court’s decision. This is to protect his human rights, as he is still considered innocent by the law.
According to South Korea’s National Human Rights Commission, publishing images of a suspect in handcuffs violates their rights, as guaranteed by Articles 12 and 27 of the Constitution of the Republic of Korea.
After the hearing
JUDGE Shin Jong-yeol of the Seoul Central District Court rejected the request for an AW, citing the fact that there was room for debate.
The judge reasoned, “There is room for dispute [with regard] to the main suspicion, which is embezzlement. It is also difficult to recognize a reason for detention, such as the potential destruction of evidence, [with regard] to the remaining suspicions.” Furthermore, the judge revealed the points where the prosecution failed to make their case, explaining that there was doubt as to “the existence and scope of criminal liability” as well as lacking answers to the basic questions of “how the funds are withdrawn” and “the allocation of the funds.”
Simply put, the judge rejected the AW because it failed to measure up to the standards required by the law. The rejection means Seungri cannot be detained; he is still a free man and innocent of any criminal charges. Now, the police must go back to their investigation and examine their points.
Nevertheless, the rejection of the AW was accepted by the police. On May 15, the Seoul Regional Police said they will respect “the results of the AW evaluation.”
Furthermore, they stated that pursuing embezzlement charges will be extremely difficult, and thus they may not request a second AW. As for the other charges, they plan to carefully review and examine their case and evidence.
The prosecution will now closely monitor any further investigation and will take the lead in determining “when” or “if” they will file a second AW request. After careful reevaluation, they will either proceed with a new request or not.
As such, these developments currently do not have a major impact on Seungri’s impending military service. Unless he is arrested and indicted (meaning, officially charged with crime), he still has an obligation to serve and is not exempt from entering the military. The military manpower administration (MMA) announced, “It’s not true that Seungri is enlisting this June 25. As of now, that is the date by which his enlistment has been delayed. By [then], the MMA will send Seungri another enlistment summons date.”
Seungri is eligible to request for another three-month extension for his mandatory enlistment after his current extension ends. The MMA explained, “Once [he receives the] new summons date, he can decide to request another delay or not.”
If Seungri enters the military before his case is concluded, then it will become a joint investigation between the prosecution currently in-charge, as well as the military.
With a report from Carla Mortel
Image credits: Kimberly Lumague
10 comments
Thanks for so much for this research and gives us accurate inforamtion
Easy to understand, and an objective look at the case. The author makes no opinions, no assumptions, and does not give way to rumors. This is simply the facts and the laws. Very informative for anyone and everyone no matter which side of the fence they are on or if they are undecided.
Thank God. Finally some reliable news!
This is one of the 1st objective reports I have seen about this subject since this entire scandal started. It’s nice to be able to read facts clearly without having to sort through all the conjecture and agenda based “facts” to get to the point.
Thanks for unbiased info and very reliable information
Author really did good reasearch
I just want to give my thanks to both businessmirror and the author of this article. It is a well informed, none biased piece (which if I’m being honest is difficult to find thus says, especially regarding this case). It is great to be giving the facts and no unnecessary accusations. Just what is the truth. Thank you again.
*find this days
Finding news articles that I feel like I can trust with actual facts have been hard. Found this and I could not have been happier. Not only is the writer someone who is well versed in legal matters with all the terminology and processes but they also provide the first neutral, objective standpoint. They aren’t trying to sway you one way or another. That’s how reports should be done. I was ever so grateful reading this. I’ve been sharing far and wide for others to inform themselves. Thank you Business Mirror for allowing this person to write this. I can’t wait to see what else is to come.
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