Nuisance but not criminal yet

By Kim Tae-gyu

Is Cheong Wa Dae going to extremes in distancing itself from former presidential spokesman Yoon Chang-jung, the alleged “woman groper”?

The intern, Yoon’s alleged victim, filed a complaint but he has not been arraigned nor have Washington police asked for his presence in connection with their investigation.

Also, Yoon is being investigated for a misdemeanor, not a felony, although the presidential office has said it will respond positively if the U.S. requests his extradition.

The Ministry of Justice is following the Cheong Wa Dae guideline to promptly respond to any U.S. request regarding any investigation of Yoon.

The presidential office’s moves may be understandable in the sense that Yoon is a political embarrassment that would be better cleared away.

But in the process, there arise two problems.

One is Cheong Wa Dae breaking the very basic code of modern law — presumed innocent until proven guilty.

Yoon, a national persona non grata, is disputing the allegations that he committed unsavory and legally unacceptable acts.

So expressing an intention to hand over a Korean national to the U.S. without even being asked is in itself a premature act that can be seen as admitting the inadequateness of Korea’s legal system.

Despite being a nuisance, he is expected to receive the protection stipulated by the Constitution.

The way Cheong Wa Dae has acted in dealing with Yoon is by extension comparable to protecting Korean nationals on a selective basis.

Kwak Sang-do, presidential senior secretary for civil affairs, said Sunday that Cheong Wa Dae will cooperate in the U.S. investigation, including arrest and extradition if required.

He added that the country will ask the U.S. police to expedite the case. Presidential spokeswoman Kim Haing said Monday that it had already done so.

President Park Geun-hye threw her weight behind proponents for Yoon’s extradition saying Monday that those related to the unprecedented incident have to cooperate in the investigation without any exception.

Yoon’s alleged crime of having “grabbed her buttocks without permission” is considered a misdemeanor sexual abuse, which does not lead to extradition in most cases.

If the former journalist and online columnist voluntarily crosses the Pacific to be questioned by Washington police, there would be no controversy. But this is unlikely — he left a question on his willingness to do so unanswered at a press conference last Saturday.

Under the Treaty on Mutual Legal Assistance in Criminal Matters between the two allies that went into effect in 1999, the U.S. can ask Korea to extradite suspects accused of committing a crime for which the sentence is longer than one year in prison.

Misdemeanors typically do not fit the bill but the U.S. might take an unconventional measure this time in consideration of the very negative public opinion over Yoon.

That explains why Seoul has hinted at sending the 56-year-old disgraced former spokesman to Washington.

“Korea is practically urging the U.S. to ask for Yoon’s extradition. I understand the public anger with him and the pain of the victim but that is too much,” a Seoul analyst said.

“We need to take a systematic approach based on the legal agreement signed between the two countries. No matter how bad Yoon’s alleged crimes are, we also need to ensure the principle of innocent until proven guilty is followed. I know it will be hard this time, but we should do so.”