On the 4th, following the appeal ruling that acquitted Hwang Un-ha, a member of the Justice Party (former head of the Ulsan Police Agency), and Song Cheol-ho, the former mayor of Ulsan, both of whom had received a three-year prison sentence in the first trial for their involvement in the "Moon Jae-in administration's interference in the Ulsan mayoral election" case, prosecutors stated that they plan to seek correction through a Supreme Court appeal. It is unusual for prosecutors to definitively announce their intention to appeal on the same day as the verdict.
Prosecutors also provided specific counterarguments to the media regarding the basis for the Seoul High Court's acquittal in the appeal ruling. They stated that the court violated evidentiary rules, failed to conduct sufficient proceedings, and contradicted Supreme Court precedents. They claimed the ruling was one that could not stand, as it did not properly examine the facts and made incorrect judgments on the evidence. In response, a former judge noted that "there is merit to the prosecutors' claims, and intense debate is expected in the upcoming Supreme Court appeal."
◇ Allegations of election interference by the Moon administration... Investigation team massacre, dismissal of indictment opinions, and trial delays followed
The Ulsan mayoral election interference case involved allegations that eight organizations within the Blue House under the Moon Jae-in administration committed electoral crimes, such as forced investigations, candidate bribery, and support for campaign promises, to ensure the election of Song Cheol-ho, a longtime friend of the then-President Moon Jae-in, in 2018. During the investigation, criticisms arose that the Moon Jae-in administration massacred the investigation team through personnel changes in the prosecution and dismissed calls for indictments of those involved. Although indictments were made, there were suggestions that Chief Justice Kim Myung-soo, being from a progressive judges' group, delayed the trial by assigning it to a judge from that group.
Ultimately, after 3 years and 10 months since the indictment, the first trial verdict was delivered. Representative Hwang Un-ha and former Mayor Song Cheol-ho were found guilty of the allegation of forced investigation and each received a three-year prison sentence. During this time, former Mayor Song completed his term of office (4 years). As the ruling was not finalized afterward, Representative Hwang also completed his term (4 years) and returned as a member of the Justice Party. However, both individuals received acquittals in this appeal trial.
◇ The three-year prison sentence from the first trial was overturned in the appeal trial... Prosecutors say they will seek correction from the Supreme Court
The Second Criminal Division of the Seoul High Court, which handled this appeal case, stated upon delivering the acquittal that "there is no direct evidence to recognize the forced investigation, and the reliability of the witness's testimony is difficult to accept." They determined that the allegation of forced investigation—where former Mayor Song, while he was the head of the Ulsan Police Agency, solicited investigations against the then-mayor Kim Ki-hyun, who was an opposition candidate, and initiated police inquiries through the Civil Affairs Secretary's Office, does not hold.
Prosecutors articulated their stance to the media regarding their plans to appeal to the Supreme Court, specifically countering the appeal acquittal ruling. They first asserted that "the appellate court rejected the credibility of the testimony of the witness who was recognized in the first trial, even though there were no additional witness examinations conducted or any special circumstances changed, using reasons that are difficult to understand." A lawyer with judicial experience commented that "for the appellate court to not accept evidence acknowledged in the first trial, it must present compelling grounds; otherwise, the Supreme Court may overturn the appeal ruling."
Furthermore, prosecutors contended that "it is difficult to accept the acquittal regarding the allegation of improperly carrying out personnel changes without going through prescribed procedures because Hwang, then the head of the Ulsan Police Agency, was not actively engaged in unfair forced investigations." Following the personnel action, the Ulsan Police Agency launched a full investigation against then-mayor Kim, who was an opposition candidate. On the day Kim received his nomination, police searched his office.
Consequently, prosecutors indicated that "the appeal ruling violates evidentiary rules, fails to conduct sufficient proceedings, and contradicts existing Supreme Court precedents," stating, "we will seek correction of the appeal ruling through a Supreme Court appeal." It is reported that the prosecutors are expected to file this appeal to the Supreme Court soon.