[News UP] Four and a half years of investigation, "Mrs. Kim Deutsche"...What's the conclusion of the sword "Red Team Meeting"?

■ Host: Anchor Yoon Jae-hee
■ Starring: Lawyer Park Sung-bae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News UP] when quoting.

[Anchor]
Let's get to the main incident. I'm with lawyer Park Sung-bae. Please come in. Let's start with the alleged manipulation of Deutsche Motors' stock price. It is known that the prosecution held a so-called red team meeting yesterday and is discussing the direction of disposal, and I'm curious about what this red team meeting is.

[Park Sung-bae]
The prosecution plans to hold a red team meeting and decide the direction of disposition, which means it will receive opinions from outside the investigation team within the organization. The Red Team refers to well-meaning critics who deliberately disagree with the organization's decisions and can be seen using them by various companies and governments. However, in order for the red team to be properly utilized, information must be distributed, the independence of the red team must be guaranteed, and the decision-maker must be open to accepting the red team's will. In fact, the Red Team was introduced to the Supreme Prosecutors' Office in 2018 under the prosecution's position as a human rights investigation advisor. I don't think it's been used properly.Regardless of Ma's official organization, the red team convened this time can be said to be some of the red teams dealing with the case temporarily. However, while human rights investigation advisors were previously established in the Supreme Prosecutors' Office and reviewed the opinions of front-line prosecutors as higher-level agencies, it is true that the red team seems to have some limitations because members of the same prosecution office have heard the case, and there are certainly questions about whether the results of the four-and-a-half-year investigation can be fully reviewed in a day and presented with appropriate opinions.

[Anchor]
During the last luxury bag case, we held an investigation review committee and heard external opinions, but how about we end it with internal opinions as you said with a red team meeting instead of opening this?

[Park Sung-bae]
Some criticize that the intention is to secure procedural legitimacy through internal opinions, and that the conclusion has been decided. However, from the prosecution's point of view, the investigation review committee has no applicants other than Kim Gun-hee in this case. If the prosecutor general convenes ex officio at the request of the head of the Seoul Central District Prosecutors' Office, in this case, the prosecutor general's right to command the investigation is excluded, so there is a possibility that other controversies will inevitably arise. In addition, the committee was convened in the case of suspicion of receiving luxury bags, and in that case, the committee recommended Kim Gun-hee not guilty and decided to indict Pastor Choi Jae-hyung. However, the prosecution cleared all of them after much consideration, but the acquittal itself was controversial because it was contrary to the recommendations of the committee. It may be interpreted that the committee did not convene with the intention of not being caught up in a similar controversy again.

[Anchor]
It is expected that the results of the disposition will come out as early as today, and the weight is being put on the direction of indicting Kim Gun-hee. How do you see this?

[Park Sung-bae]
It is true that there are news that the weight is being put on the direction of prosecuting Kim Gun-hee. However, the investor, so-called Jeonju, who was found not guilty in the first trial of Deutsche Motors in September, was convicted of aiding and abetting stock price manipulation in the second trial. The prosecution added a charge of aiding and abetting Son, who was acquitted in the second trial, to the preliminary prosecution, which was admitted. In Son's case, the court did not simply stay in Jeonju. It was judged that the crime was facilitated by a mass purchase method despite the recognition of market price manipulation, and according to the result of this ruling, First Lady Kim Gun-hee is in a similar position. It has been suggested that at least there should be prosecution.It is questionable whether the conclusion of the investigation team will be consistent with this opinion.

[Anchor]
The investment behavior of Mr. Sohn and Mrs. Kim in Jeonju is different. They say this is the prosecution's judgment, but how is this different?

[Park Sung-bae]
Market price manipulation is divided into four types. There is a fake sale. A fake sale refers to a form in which a person repeatedly buys and sells falsely through two accounts. Next, there is Tongjeong Trading, in which two people plan and sell the market price and quantity in advance. Next is the actual transaction method. It is a method of repeating high-priced orders to deliberately increase the market price. Finally, market price manipulation is carried out by leaking good information that can support false market prices. In Son's case, he appears to have been found guilty of assisting in the manipulation of market prices by investing a large amount of money in actual transactions, that is, repetitive high-priced orders, and in Son's case, he is believed to have bought 7.5 billion won in stocks himself during the alleged assistance.

In the second trial, he was found guilty of aiding and abetting.Ma believes that the prosecution's position is an exceptional case among Jeonju. She was a professional investor in
and communicated with Jung Beom several times, but Kim Gun-hee did not reach this level. It is true that some accounts were used to adjust the market price, but they did not recognize the manipulation of the market price, that is, they did not have a sufficient basis to prove the recognition.

[Anchor]
In the first and second trials against former chairman Kwon Oh-soo, it was acknowledged that accounts in the name of Kim were used to manipulate stock prices, but wouldn't the controversy over the favor of Kim grow if the decision to not indict him is made?

[Park Sung-bae]
During the former trial of Kwon Oh-soo, it seems that three accounts of Kim, the first and second trials, were used to manipulate the market price. In fact, this case is divided into the first period and the second period. The first period is from December 2019 to October 20, 2010, and the second period is from October 21, 2010 to December 7, 2012. The reason why the first period and the second period are divided is that the main gun has changed and the method of crime has also changed as the main gun has changed. If so, the prosecution argues that the whole should be found guilty as it falls under a comprehensive date from the beginning of the first period of 2019.The court has already decided to dismiss the first period as the statute of limitations of the Capital Markets Act has already passed 10 years, and has judged whether or not each market price manipulation is guilty only for the second period.

The reason why this part is meaningful is that during the first period, Kim Gun-hee communicated directly with the main gun Lee and was suspected of following the request. However, there is no direct communication between Kim and Kim Gun-hee during the second period. As a result, it can be said that the range of movements that can prove the actions of First Lady Kim Gun-hee has narrowed somewhat.It is true that at least three accounts of Mrs. Kim Gun-hee were actually used to manipulate the market price, so there is no choice but to strongly raise the opinion that at least they knew about the manipulation of the market price and allowed the use.

[Anchor]
The prosecution has been unable to reach a conclusion for four and a half years, but I mentioned it earlier.Ma decided to dispose of the case through an internal review without going through an external process, and this part seems to continue to be controversial in the future.

[Park Sung-bae]
Whatever the conclusion is, it is expected to be controversial, but if she is not prosecuted, more controversy is expected in the case of Kim Gun-hee. The second trial court presents the transcript of October 28, 2010, as the main basis for the conviction, which is the transcript of Kim Gun-hee's phone call with an employee of a securities company. In the light of this transcript, you can check the sale and purchase process of Mrs. Kim Gun-hee or check the form of a post-report by an employee of a securities company. In other words, it seems that Mrs. Kim Gun-hee did not directly step up and entrust the investment to an employee of a securities company, but rather to someone, and the appeals court judged that former Chairman Kwon Oh-soo received some accounts of Mrs. Kim Gun-hee and took over the investment.

In fact, I think this case can be frustrating from the perspective of the prosecution. Even if the reason is a suspect in a similar position, some suspects cannot be prosecuted unless the reference persons make an active statement. This is not because the suspect exerts certain external pressure, but there are cases in which reference persons do not make meaningful statements about some suspects under any circumstances, and it is possible to judge that it is difficult to prosecute Kim Gun-hee because the investigation is limited and the reference persons do not make meaningful statements.

[Anchor]
Deutsche Motors' stock price manipulation trial is on its way to the Supreme Court, and not only former chairman Kwon Oh-soo, but also Jeonju Sohn and the prosecution have appealed, right?

[Park Sung-bae]
That's right. If their convictions are confirmed through the Supreme Court's final ruling, if the prosecution explains on the premise that the prosecution will not indict Kim Gun-hee this time, the problem will likely arise again. Unlike the trial, the prosecution's disposition is not conclusive. Even if the non-prosecution disposition is confirmed, it is possible to investigate again if effective evidence is found again, and in particular, the prosecution filed an appeal in this case, arguing over market price manipulation, comprehensive one-off system, and the overall conspiracy. Not only does it seem that more guilt should be added throughout market manipulation, but it also seems that all crimes in the first period and the comprehensive single system should be found guilty. Furthermore, the common criminal law of public offering. In other words, it is interpreted to the effect that Son should be punished as a joint criminal, not just aiding and abetting, and in light of this purpose, it is highly likely that Kim Gun-hee, who can be evaluated as in a similar position, is a co-conspiracy criminal.

[Anchor]
The results of the prosecution's disposition are expected to come out as early as today. I think we'll have to wait and see. Let's move on to the next issue. In Yonsei University's occasional essay screening, some questions were leaked before the test, and the university insisted that there was no problem with their fairness and filed a complaint against the examinee who leaked the problem. What are the charges?

[Park Sung-bae]
Yonsei University in this case conducted an occasional essay screening, but the questionnaire is distributed about an hour in advance, even though the test originally began at 2 p.m. The distributed questionnaire was also posted on the online community, and the problem was that short answer No. 1 of the occasional questions was actually posted on the online community before the start of the test. In addition, after the test, photos of the entire natural essay test and the practice sheet of the humanities essay test will be posted. Test papers and exercises should not be leaked in any form. As the situation became more controversial, Yonsei University eventually filed a complaint with the police against the examinees for obstruction of business, but first, it filed a complaint on the 15th. A total of six people, including one identified humanities department, one natural science department, and four unidentified people, have been filed, and two leakers have been identified based on the written contents of the questionnaire and answer sheet.

However, there is controversy over whether it is a crime of obstruction of business even if a complaint is filed for leaking test papers and answer sheets after the fact. If some test questions and answer sheets were leaked in advance, it is virtually clear that this constitutes a crime of neglect of work. However, legal controversy seems inevitable whether the leak of the test paper after the test itself can be evaluated as quite disturbing, although it may partially interfere with the admission process. Considering this situation, Yonsei University is filing additional charges on the 16th following the 15th, and the plan was to further investigate whether there were any circumstances that jeopardized fairness in the test leak process.

Perhaps the purpose is to check the overall facts of Yonsei University, which does not have the authority to investigate whether there were leaked test questions or answers before the actual test began, whether this situation affected the fairness of the actual test.

[Anchor]
In any case, the university has just started filing a complaint, but in fact, it is also the university that distributed the test papers first. I also think that universities should supervise the examination management.

[Park Sung-bae]
Yonsei does not appear to have leaked the problem in advance, and it seems to be repeating that it does not interfere with the fairness of the test.If the test paper is distributed first, some test takers can recognize the test questions first in the process of checking whether there is a copy or whether the purchase is accurate. In terms of the results of giving more time, the fairness of the test may be questioned, and in light of the situation in which the test paper or answer sheet was not properly supervised, it seems that we cannot be free from criticism that the test paper or answer sheet was not properly supervised.

[Anchor]
Now, the test takers and parents are also preparing a class action against the school to invalidate the exam. What's going to happen to this?

[Park Sung-bae]
Some test takers and parents are filing a lawsuit on October 21 and are planning to apply for an injunction on October 28, and about 50 parents and students of the natural sciences are believed to be preparing a lawsuit. It doesn't seem very likely that the application for provisional injunction will be accepted at this time. I'll have to get the results of the police investigation.First of all, early admission is a process of selecting test takers before regular recruitment, and usually selects test takers within a month.

As the application for a provisional injunction in such cases is highly legal, it is unlikely that a decision will be made within a month, and if a month has passed and the examinee is already selected, the provisional injunction is likely to be dismissed on the grounds that there is no interest in the lawsuit. And even if the problem was leaked, it is difficult to say that the university leaked the problem directly, so it is likely to be rejected in the main decision, but it seems necessary for the examinee to provide more solid grounds for provisional disposition and approval of the main decision.

[Anchor]
Test takers are now in a position to retake the test. In particular, Yonsei University does not have the minimum standard for the CSAT and does not reflect school records, so students have to go all-in on essay writing, and it is pointed out whether such a sloppy essay test is fair.

[Park Sung-bae]
The occasional recruitment is divided into student records, essay writing, and specialist screening, and essay screening is not just a test in which you write your own thoughts, but a test in which you have to answer questions like the CSAT. It is a very difficult test, but in fact, there has been constant criticism that management supervision is not properly conducted throughout the entire university during the occasional recruitment process. It means that other people's answer sheets can be easily seen, and management and supervision are not as good as the CSAT. It has been pointed out that not only does the identification process not go through properly, but also the sanctions are not properly applied even after the test is over. In fact, the admission fee is considerably paid in the occasional recruitment process.

It is a problem that the university, which receives a lot of this admission fee, has not conducted proper supervision, and occasional recruitment is also a very important procedure for selecting college entrance candidates. Of course, the occasional recruitment is a college-specific test.It is true that all supervision, such as education of supervisors and inspection of belongings, needs to be directly supervised by the state in accordance with the SAT.

[Anchor]
If so, it is unlikely that this situation will be resolved in a short period of time, but do you think there is a good possibility that it will lead to legal disputes such as compensation for damages?

[Park Sung-bae]
Depending on the results of the police investigation, the possibility of retesting or the possibility of a main lawsuit related to the retest is also expected. Basically, it is highly likely that damages will be recognized in a situation where the possibility of winning the main lawsuit is low. This compensation is not a measure that allows students to retake the exam, but it is a procedure that compensates for mental damage and alimony. In fact, in 2020, the bell rang three minutes before the end of the school year exam, causing some of the test takers to lose some time. At this time, the second trial court ordered each examinee to compensate 7 million won, and it is true that even in this case, at least compensation for damages is highly likely to be recognized in various circumstances.

[Anchor]
I see. We took a closer look at the major incident. I was with lawyer Park Sung-bae. Thank you for talking with me today.