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May 8. It was his last event as presidential spokesperson before fleeing back to South Korea after allegations came up that he had sexually assaulted a young woman. (by Kang Chang-kwang

By Kim Won-chul, Kwon Tae-ho, staff reporters and Park Hyun, Washington correspondent

On May 8, US police began an official investigation into allegations of sexual assault by a woman against Blue House spokesperson Yoon Chang-jung. Considering that Yoon has already escaped to South Korea, the next question is how the investigation will proceed.

“We are investigating the report of a misdemeanor sexual abuse,” Gwendolyn Crump, director of the office of communication for the Washington, D.C. Metropolitan Police Department, told the Wall Street Journal. “We cannot comment further, at this time.”

After receiving a telephone report from the alleged victim, the police were dispatched to the scene to look into what had taken place, sources said. The police questioned the alleged victim and the hotel staff.

The problem is that it will be difficult to question Yoon Chang-jung, the alleged perpetrator, immediately, since he is in South Korea.

If Yoon does not voluntarily go to the US to be questioned, US law enforcement can utilize the criminal extradition request system. Anyone in the US and South Korea who has committed a crime that would carry a sentence of at least one year in prison can be extradited.

This is the reason for the importance of the conclusion that US investigators come to in regard to the facts of the case. According to the report filed with US law enforcement, the victim testified that “he grabbed my buttocks without permission.”

“If the act went no further than this, it would not classify as a crime that could merit a request for criminal extradition,” a lawyer in the US said. “Nevertheless, if there is negative public sentiment inside US about the case, a request could still be made.”

If the South Korean Ministry of Justice decides to extradite Yoon following a request from the US, the final decision will be made following judicial review.

It is highly likely that the US investigators will apply the Treaty on Mutual Legal Assistance in Criminal Matters. Countries that are signatories to the agreement are obliged to provide almost any kind of material related to the crime short of actually extraditing the suspect. Effectively, this agreement makes it possible for the South Korean investigators to receive testimony from Yoon on behalf of the US investigators.

Even if Yoon doesn’t go to the US, he could be judged in absentia.

“In the US, the accused must be notified of what crime they are being tried for at the arraignment, at which they are asked to plead guilty or innocent,” said Park Gyeong-shin, professor at Korea University Law School. “After that process is complete, the accused is not required to appear in court.”

“However, in cases where someone is accused of committing a misdemeanor a crime for which the sentence is a maximum of one year in prison they can be tried in absentia even without an official notification of the charges. In federal criminal law, there is also a procedure by which written consent can be obtained for default judgment.” In other words, Yun can be tried in the US even if he is not actually there.

There are also some who expect that Yoon will voluntarily go to the US to be questioned by the police. The argument goes that, since Yoon had visited the US as a member of South Korean President Park Geun-hye’s retinue, he may have returned to South Korea so hurriedly to avoid a situation where he would be questioned in that capacity. But now, since he is a citizen, there would be relatively less diplomatic consequences if he went to the US to be questioned.

If Yoon decides to remain in South Korea, he will most likely not be able to enter the US in the future.

In 1996, North Korean Jang Gyeong-nam, secretary of a gymnastics association, had chaperoned the North Korean athletic contingent to the Olympic Games in Atlanta. While in the US, he was arrested and indicted on charges of touching a boy’s genitals and calling him “cute.” Jang countered that all he had done was pat the boy on the head, and he was released on US$50,000 bail.

Shortly before the trial, Jang returned to North Korea. After this, the trial was postponed indefinitely, the bail was confiscated, and he was barred from returning to the US.

It is also possible for the South Korean police to investigate the allegations that Yoon committed sexual assault, but to do that, the victim must bring charges against him directly. Crimes such as indecent behavior and sexual assault can only be prosecuted when the victim presses charges. In fact, the legislation mandating this was abolished recently, but the revised law does not take effect until Jun. 19.

Please direct questions or comments to [english@hani.co.kr]