Appeals

March 4 (Asia Today) — South Korea’s prosecution service is facing criticism from legal experts after abandoning appeals in several major cases, including those involving President Lee Jae-myung and figures from the ruling party.

Legal analysts say the trend raises concerns about the erosion of prosecutorial independence amid pressure from the government and political circles.

Prosecutors declined to appeal the first-instance ruling in the Daejang-dong development corruption case involving President Lee in November last year. Reports later suggested that senior leadership at the Supreme Prosecutors’ Office overruled recommendations from the investigation and trial teams to pursue an appeal.

The decision also effectively halted efforts to recover approximately 780 billion won ($585 million) in alleged illicit profits from developers linked to the Daejang-dong project.

Prosecutors also chose not to appeal a similar case involving alleged corruption in the Wirye new town development project.

Appeal decisions have also drawn attention in other politically sensitive cases.

In the first-trial verdict related to the 2020 West Sea shooting of a South Korean fisheries official, prosecutors filed what observers described as a “partial appeal” against former National Security Office Director Seo Hoon and former Coast Guard Commissioner Kim Hong-hee.

In a separate case involving allegations of illegal political funding tied to former Democratic Party leader Song Young-gil, prosecutors did not file an appeal to the Supreme Court even after the appellate court overturned the earlier ruling and issued an acquittal.

Prosecutors also declined to appeal rulings involving current and former Democratic Party lawmakers connected to a National Assembly fast-track legislation dispute. Officials said the decision was based on a judgment that further appeals would have “limited practical benefit.” Prosecutors likewise did not appeal convictions involving lawmakers from the opposition People Power Party in the same case.

Under South Korean law, prosecutors are required to perform their duties independently. However, some legal experts argue that recent decisions suggest political pressure may be influencing prosecutorial discretion.

President Lee previously criticized prosecutors during a cabinet meeting in September last year, saying prosecutors sometimes file indictments even when cases lack legal grounds and pursue appeals after acquittals to avoid responsibility.

Lee also ordered an internal inspection after prosecutors staged a collective walkout during the trial of former Gyeonggi Province Vice Governor Lee Hwa-young.

Following those developments, lawmakers from the ruling party introduced legislation to revise disciplinary procedures for prosecutors and pushed for amendments to the Criminal Act aimed at punishing judges and prosecutors who intentionally distort legal interpretation or misjudge facts during investigations or trials.

The ruling party has also formed a parliamentary group advocating for the withdrawal of charges against President Lee and for a national investigation into what they claim were politically motivated indictments.

Cha Jin-ah, a professor at Korea University Law School, said prosecutors appear increasingly reluctant to challenge the administration.

“Prosecutors who might once have pursued investigations or maintained indictments against the government with conviction are now watching the political climate,” Cha said. “This risks subordinating prosecutorial decisions to political power.”

— Reported by Asia Today; translated by UPI

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Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260304010000994

Surprise ruling comes weeks after the media mogul was convicted and jailed for 20 years on national security charges.

A Hong Kong appellate court has overturned a fraud conviction against pro-democracy media tycoon Jimmy Lai in a surprise ruling weeks after his jailing for 20 years on a separate national security charge.

The ruling by the Court of First Instance on Thursday said that it allowed the appeal from Lai and ⁠another defendant in the case to proceed as a lower court judge had “erred”.

“[We] allow the appeals, quash the convictions and set aside the sentences,” the judges wrote.

The conviction that was overturned was from an earlier fraud case in which prosecutors alleged that a consultancy firm operated by Lai, 78, for his personal use had taken up office space that his now defunct media business – Apple Daily – rented for publication and printing purposes.

This was in breach of the terms of the lease Apple Daily signed with a government company and amounted to fraud, prosecutors said.

Lai had been sentenced to five years and nine months in prison in 2022 on the two fraud charges.

Former Apple Daily executive Wong Wai-keung was also charged in the same case and jailed for 21 months.

Judges at the Court of Appeal wrote in their judgement that while Apple Daily Printing had breached the lease terms by allowing the firm to use part of the space, it didn’t owe a duty to disclose its breach. They said even if it had owed and breached that duty, the same could not be attributed to Lai and Wong as a matter of law.

The trial judges’ “reasoning in concluding that the applicants were liable for the concealment as the prosecution contended is unsupportable”, they said.

Neither defendant appeared in court.

The ruling would slightly reduce Lai’s total prison time. The judges handling Lai’s national security case allowed the two sentences to be served concurrently for only two years, with the other 18 years to be added after the fraud sentence.

The lengthy sentence – over ‌two counts of conspiracy to collude with foreign forces and one for publishing seditious materials – has raised concerns that he could spend the rest of his life in prison.

Lai’s children have expressed hopes that a visit by United States President Donald Trump to Beijing could help secure the release of their father, a British citizen. The White House has confirmed that Trump will travel to China on March 31 through April 2 to meet Chinese leader Xi Jinping.

United Kingdom Foreign Secretary Yvette Cooper has said Lai was sentenced for exercising his right to freedom of expression and called on the Hong Kong authorities to release him on humanitarian grounds.

Chinese and Hong Kong authorities have defended Lai’s sentencing in the national security case, saying it reflected the spirit of the rule of law. They also insisted the security law is necessary for the city’s stability.

In a separate ruling on Thursday, a Hong Kong court sentenced the father of a wanted pro-democracy activist to eight months in prison under the city’s national security law for attempting to withdraw funds belonging to an “absconder”.

Kwok Yin-sang, 69, was found guilty on February 11 for “attempting to deal with, directly or indirectly, any funds or other financial assets or economic resources” after he tried to terminate his daughter Anna Kwok’s insurance policy and withdraw the funds.

He is the first person in the city to be charged and convicted of the offence.

He had pleaded not guilty and did not testify at the trial.

Former President Yoon Suk Yeol on Tuesday appealed his life sentence over his insurrection conviction from his failed bid to impose martial law.

The appeal was filed by his lawyers five days after a court sentenced Yoon to life in prison for leading an insurrection when he briefly imposed martial law on Dec. 3, 2024.

“We think we have a responsibility to clearly point out the problems with this decision for not only court records but for future historical records,” the lawyers said in a notice to the press.

“We will not be silent about the special counsel’s overzealous indictment and the contradictory decision of the court of first instance premised on it, as well as its political background,” they added.

The Seoul Central District Court delivered the ruling last Thursday, saying Yoon aimed to cripple the National Assembly by sending troops to the compound after declaring martial law, meeting the definition of an insurrection as stipulated by the Constitution.

It also said the former president planned the crime personally and in a leading role, incurring an enormous social cost, but hardly expressed an apology.

Seven other defendants received their first verdicts alongside Yoon, including former Defense Minister Kim Yong-hyun, former National Police Agency chief Cho Ji-ho and former Seoul Metropolitan Police Agency chief Kim Bong-sik.

The former defense minister was sentenced to 30 years in prison, while Cho was given 12 years and the former Seoul police chief 10 years for their roles in the martial law bid.

Yoon was earlier sentenced to five years in prison in a separate trial on charges that include his alleged obstruction of investigators’ attempt to detain him last year.

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Feb. 23 (UPI) — A Hong Kong court has rejected the appeals of 12 pro-democracy lawmakers and activists seeking to overturn their convictions in connection with a 2020 unofficial election primary that Beijing-aligned officials said was intended to undermine the city’s existing political system.

The dozen people are members of the so-called Hong Kong 47, who were sentenced in November 2024 to between 51 and 120 months in what is still the largest case so far brought under the city’s draconian National Security Law.

Eleven of the activists were convicted during the trial, while one pleaded guilty.

The court on Monday rejected their appeals. For some, they have already served their sentences and been released from prison.

Lawrence Lau Wai-chung, a barrister and democracy activist, had been acquitted in the case, but the government had appealed the decision. The court on Monday upheld that decision.

The defendants were charged with conspiracy to commit subversion under the National Security Law that Beijing imposed on Hong Kong in connection with their unofficial primary.

Held in July 2020 amid the fraying of democratic norms in Hong Kong, the activists used the primary to coordinate candidates and win a pro-democracy majority in the city’s legislature, which prosecutors said they planned to use to veto budget bills to force the resignation of Hong Kong’s chief executive.

The primary was held following protests that erupted in Hong Kong in 2019 against extradition that grew into a broader pro-democracy movement following allegations of excessive force used by police against the protesters.

In response to the protests, China imposed a new national security law on Hong Kong in July 2020, and police arrested dozens of pro-democracy figures on Jan. 6, 2021, with 47 charged with conspiracy to commit subversion in late February of that year.

The government accused them of seeking to use the legislature, under the guise of democracy, to threaten Hong Kong’s political system.

Their convictions were widely condemned by democratic nations, including Britain, Canada and the United States. Washington vowed to impose visa restrictions on officials responsible for their sentencing.