“It is difficult to admit abuse of authority”… Exempted from criminal punishment, but police discipline was maintained due to additional abuse
(Seoul = Yonhap News) Reporter Jeong Seong-jo = Former Seoul Yongsan Police Station Chief Kim Kyung-won (54), who was accused of issuing retaliatory personnel after giving unfair instructions to his subordinates, was confirmed.
The first division of the Supreme Court (Chief Judge Roh Tae-ak) announced on the 8th that it had confirmed the acquittal of the lower court in the appeal of former Chief Kim, who was charged with coercion and abuse of power and obstruction of the exercise of rights.
Former Chief Kim, who served as the Chief of the Yongsan Police Station in 2016, was asked by the Redevelopment Cooperative to handle a case in which he sued the owner of a maintenance company in an advantageous way, and was charged with ordering an arrest investigation, but when a subordinate police officer did not comply, he made a request for a telegram to the police box.
At that time, it was investigated that this police officer sent the case with the opinion of not prosecuting the accused because the allegations of fraud were not proven.
The first trial sentenced the police chief to 10 months in prison and two years of probation, saying, “The police chief arbitrarily forced the victim to move out, and the fairness of personnel affairs was undermined, and the crime was not light.”
However, in the second trial, the judgment was reversed.
According to the evidence presented, it is hard to see that former Chief Kim abused his authority or threatened him, as if he would be punished if he did not apply for a transfer to the police box. The court said that even if such an act had occurred, a causal relationship between the threat and the telegram to the police box was not recognized.
In the transcript, there is a passage where former Chief Kim strongly rebuked the wrongdoing in the investigation of the accusation and said, “I will consider inspection, etc.” The second trial judged that there was no evidence that
The Supreme Court found that there was no problem with the sentence of the second trial and upheld Kim’s innocence.
Former Chief Kim was spared criminal punishment, but he could not avoid being demoted. Because he lost in the administrative litigation.
As a result of investigating former Chief Kim, the police found that the person involved in the incident was introduced to the police officer in charge of the investigation, made inappropriate physical contact with female police officers who were subordinates, and called a lawyer at a dinner party to calculate the price of alcohol. The rank of the horse was reduced by one notch from sergeant major to sergeant major.
Dissatisfied with these measures by the National Police Agency, he filed a personnel complaint, but when it was dismissed, he filed an administrative lawsuit. However, the court ruled in favor of the National Police Agency, and the rank downgrade was maintained.
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2021/12/08 06:00 Send