Released minister's deputy also seeks review of confinement legality

Bid to probe ex-President Lee faces setback

By Lee Kyung-min

The prosecution’s alleged moves to investigate former President Lee Myung-bak are facing a setback after a court rejected an arrest warrant for Lee’s Defense Minister Kim Kwan-jin. In addition, Kim’s deputy Lim Kwan-bin also sought a review of the legality of his arrest Friday. He has remained in custody after a court issued an arrest warrant over his alleged involvement in Lee-sanctioned illegal online activities that favored his administration,

This comes two days after former Defense Minister Kim was released, following 11 days of detention, when Seoul Central District Courts Criminal Division Chief Judge Shin Kwang-yeol said his arrest was unnecessary.

Shin will review a request at 2 p.m., filed by Lim who claimed a different judge at the court was unjust in having issued the arrest warrant

If Lim is released, the prosecution’s drive to question Lee will face a major setback, as the two key figures known for their deep involvement in what has been dubbed a “politically motivated scheme” will be free to coordinate testimonies as part of an attempt to destroy evidence.

Shin released Kim after reviewing a request he filed using a little known legal loophole.

While releasing a key suspect from custody in a high-profile case following a separate review is rare, Lim could be released, as Shin has the sole and full discretion to do so. Shin’s decision is final and the prosecution cannot appeal it. Last year, of the 2,406 people who filed the same request, only 15 percent, or 367 people, were released.

Lim made similar claims to Kim, who Shin said reserved the right to self defense as it was debatable whether what he was accused of could constitute a crime after taking into account his statements and the prosecution's presentation of what it believed made its case. Shin also said Kim does not pose a flight risk and he is not likely to destroy evidence.

For Kim’s case, the key point of contention was whether the “letter v,” written by Kim on the cover of the daily report the Cyber Command unit submitted to him, meant that he sanctioned the unit’s online activities.

The prosecution said it clearly did, while Kim said it merely meant that he read the report, adding he did not pay much attention to the details while reading it.

Prosecutors also said Kim stated during earlier questioning that under orders from Lee, he increased the number of officers at the unit to 79, shortly before the 2012 presidential election, a near tenfold increase from a year earlier. Kim used officers that Lee called “our people,” construed as those from the North Gyeongsang region with a “pro-Lee administration” stance.

Of the total, 47 were posted at a psychological warfare unit, members of which allegedly posted comments criticizing then-candidate Moon Jae-in, while supporting his conservative opponent Park Geun-hye. Park won the election by a narrow margin.

In the process, some defense security command officials were mobilized to carry out tasks unrelated to their job description, which the prosecution deems are grounds for abuse of power, as Kim gave the orders. In response, Kim said it was within his right and authority to give such orders.

Kim also downplayed the prosecution’s claim that he poses a flight risk and is highly likely to destroy evidence. Kim, his defense attorney said, was a soldier who spent his life on the battlefields, a defense minister and the National Security Office chief, claiming that he was not cowardly or senseless enough to attempt to flee or destroy evidence.

Kim’s subordinates all admitted to complying with his orders.

Given the strict hierarchical top-down nature of the chain of command, the prosecution added, holding Kim in custody was crucial, but Shin did not recognize this.

Lee Tae-ha, who carried out Kim’s orders, was already sentenced to 18 months imprisonment on charges including involvement in destroying evidence of the military’s alleged efforts. The Supreme Court is reviewing his case.