🚨 Charges Filed

Today Korean Social News for Beginners | 2026.04.17

0️⃣ Daejangdong Hearing: 'Prosecution Number Manipulation' Allegations and Criminal Trial Procedures

📌 "The Prosecutors Changed the Numbers" — A Bombshell Statement at the Daejangdong Hearing

💬 The defense lawyer for Jung Young-hak, an accountant involved in the Daejangdong development case, made statements at a parliamentary hearing that directly contradicted the prosecution's charges. The defense said the private developers had always proposed a profit-sharing ratio model, but prosecutors built their breach-of-trust charges on the assumption of a fixed-profit model. The lawyer also alleged that prosecutors arbitrarily altered numbers in a housing price simulation and submitted the changed version as evidence. This raises the possibility that the core premise of the charges is factually wrong — and has sparked a major debate about whether the investigation itself was lawful.

💡 Summary

• "Charges filed" (공소사실) refers to the specific description of a crime that prosecutors submit to a court when they indict someone.
• At the Daejangdong hearing, it was claimed that the core premise of the prosecution's charges may not be true.
• If the charges are based on wrong facts, the case could end in a not-guilty verdict or be dismissed entirely.

1️⃣ Definition

Charges filed (공소사실) means the specific description of criminal acts that a prosecutor claims the defendant committed, written in the indictment submitted to the court. The trial proceeds based on these charges, and the court can only decide guilt or innocence within their scope.

In simple terms, the charges are like a "crime report the prosecutor hands to the judge." For example: "On March 15, 2021, the defendant embezzled 100 million won from Person A." It states specific dates, places, and actions. If any of this is wrong, the entire foundation of the trial is shaken.

💡 Why does this matter?

• The charges are the starting point of a trial. If they are inaccurate, the entire case loses credibility.
• If the charges are based on a false premise, the court may find the defendant not guilty or dismiss the case.
• When evidence manipulation allegations are added — as in this case — the lawfulness of the entire investigation comes into question.
• In a criminal trial, people's freedom and rights are at stake, so accurate charges are a cornerstone of the rule of law.

2️⃣ Current Situation and Key Issues

📕 What the Hearing Statement Was About

• A claim was made that the core premise of the prosecution's charges may be factually wrong. Here is what happened:

  • The defense lawyer for the Daejangdong developer directly challenged the prosecution's charges at a parliamentary hearing.
  • The prosecution built its breach-of-trust case on a "fixed-profit model," but the defense says the private developers had always proposed a "profit-sharing ratio model."
  • Because these two models distribute profits differently, whether breach of trust occurred at all depends on which one is true.
  • The lawyer also said, "Objectively speaking, President Lee Jae-myung was probably wrongly accused" — a statement that caused significant controversy.

• Allegations of evidence manipulation were also raised. The key issues are:

  • The defense alleged that prosecutors arbitrarily changed numbers in a housing price simulation before submitting it as evidence.
  • If true, this goes beyond a simple factual error in the charges — it would constitute evidence tampering, putting the legality of the entire investigation in question.
  • However, this statement was made at a parliamentary hearing, not in a courtroom, so it has no direct legal effect.
  • Since it was made outside the trial, any legal impact would need to be formally argued before a court.

📕 Structural Problems with the Charges

• If the premise of the charges is wrong, the entire trial is at risk. The key problems are:

  • Breach of trust hinges on "what profit-sharing arrangement was actually agreed upon." Whether any loss occurred at all depends entirely on whether it was a fixed-profit or ratio model.
  • If the premise of the charges is factually wrong, the court may dismiss the case or find the defendant not guilty.
  • If the prosecution built its case on a false assumption, years of investigation could be undermined.
  • In such situations, prosecutors sometimes add "alternative charges" — a backup set of charges based on a different legal theory — to keep the case alive.

• This case highlights how important evidence management is in criminal trials. Key points include:

  • Prosecutors must submit evidence exactly as collected. Altering it makes it illegally obtained evidence.
  • Illegally obtained evidence cannot be used in court to support a guilty verdict.
  • If the allegations in this case are proven true, the charges built on that evidence could collapse entirely.
  • The need to review the prosecution's evidence management procedures and internal controls has been raised.

💡 Key Issues in This Case

1. Wrong premise in the charges: Whether breach of trust occurred depends on which profit model was actually agreed upon — fixed-profit or ratio-based
2. Evidence manipulation allegations: If the simulation numbers were altered, the entire investigation's legality is in question
3. Limits of hearing statements: Said outside a courtroom, so no direct legal effect — but the social fallout is significant
4. Impact on trial outcome: If the charges' premise is wrong, a not-guilty verdict or dismissal is possible
5. Trust in the investigation: Risk of broader public distrust in the prosecution's conduct spreading

3️⃣ Principles and Reform Directions for the Criminal Justice System

✅ Ensuring Accuracy in Charges

• Evidence review before indictment needs to be strengthened. Key directions include:
  • Before drafting charges, prosecutors must verify that the core factual premises are sufficiently supported by evidence.
  • For financial crimes involving numbers and calculations, an independent expert review process should be established.
  • Internal procedures requiring multiple prosecutors to review indictments before filing should be reinforced.
  • When factual premises are likely to be disputed, alternative charges should be included to prevent gaps in the trial.

✅ Transparency in Evidence Collection and Management

• Rules for preserving and managing original evidence must be written into law. Key tasks include:
  • For digital evidence, hash values of originals should be recorded and preserved so any modifications can be verified at any time.
  • If evidence needs to be converted or processed, the entire process must be documented and disclosed to the defense.
  • The rule excluding illegally obtained evidence must be strictly enforced to hold investigative agencies accountable.
  • When evidence manipulation is alleged, an independent body should be able to quickly verify the claims.

4️⃣ Key Terms Explained

🔎 Indictment (공소장)

• An indictment is the formal document prosecutors submit to the court to begin a criminal trial.
  • It contains the defendant's personal details, the crime they are charged with, the relevant laws, and the specific charges. A criminal trial begins with this document.
  • Korean criminal procedure law prohibits including evidence or information beyond the facts of the crime in an indictment. This is called the "indictment-only principle" and exists to ensure judges can decide cases without bias.
  • If the charges in the indictment are inaccurate, the court can ask the prosecutor to correct them or dismiss the case.

🔎 Right to Prosecute (공소권)

• The right to prosecute is the legal authority prosecutors have to ask a court to hold a trial.
  • Korea follows the principle that only prosecutors can bring criminal charges — victims and police cannot directly indict someone. This is called "prosecution monopoly."
  • If the right to prosecute is abused or legal requirements are not met, the court can dismiss the case.
  • When the factual premise of the charges itself is disputed — as in this case — the lawfulness of exercising that right also comes under scrutiny.

🔎 Statute of Limitations (공소시효)

• The statute of limitations is the time limit within which prosecutors must file charges.
  • After a certain period has passed since a crime was committed, prosecutors can no longer indict. If charges are filed after the deadline, the court issues a ruling that the case is time-barred.
  • The time limit varies depending on the severity of the crime. For serious crimes like murder, the statute of limitations has been abolished entirely.
  • The system exists to ensure legal stability, but it remains a subject of ongoing debate because it can conflict with the rights of victims.

🔎 Alternative Charges (예비적 공소사실)

• Alternative charges are a backup set of charges filed in case the main charges are not accepted by the court.
  • Prosecutors sometimes include an alternative set of charges — based on a different legal theory — alongside the primary charges, in case the court rejects the main ones. Courts consider the primary charges first; if rejected, they then consider the alternative.
  • This is commonly used in complex financial crimes involving breach of trust or embezzlement, where legal interpretation may be uncertain. It acts as a safety net for the prosecution.
  • If alternative charges are accepted, the punishment is usually lighter than for the primary charges.

5️⃣ Frequently Asked Questions (FAQ)

Q: Can hearing statements affect the trial?

A: They have no direct legal effect, but they can indirectly influence the trial by shaping public debate.

• A parliamentary hearing is a legislative oversight process — it is not a court. Statements made at a hearing cannot be used directly as evidence, and courts are not bound by hearing outcomes.
• However, if allegations raised at a hearing spread through the media and form public opinion, defense lawyers may use the same arguments as a basis for formal legal challenges in court. This could lead judges to scrutinize related evidence more carefully.

Q: What happens if prosecutors manipulate evidence?

A: The evidence cannot be used in court, and the prosecutor involved could face criminal charges.

• Korean criminal procedure law states that evidence obtained through unlawful procedures cannot be used at trial. This is called the "exclusionary rule." Arbitrarily altering evidence falls under this rule.
• Evidence tampering can be prosecuted under crimes such as falsification of evidence, obstruction of official duties, or abuse of authority. If proven, the investigation itself may be voided, significantly increasing the chances of a not-guilty verdict for the defendant. However, whether the allegations are true must be determined through a separate investigation and trial.

Q: If the charges are wrong, can the prosecutor just fix them?

A: Prosecutors can amend charges through a formal process, but there are strict limits on how much they can change.

• Prosecutors may apply to the court to amend the charges. This is called "amendment of the indictment," and there are strict limits on the scope and procedure in order to protect the defendant's right to prepare a defense.
• However, amendments are only allowed within the bounds of the same underlying facts. Completely changing the crime alleged is not permitted. If the core premise of the charges is wrong, the court may dismiss the case or find the defendant not guilty. In that situation, prosecutors would need to re-indict based on new charges — a process that takes significant time and carries large social costs.

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