hankyoreh

By Park Hyun, Washington correspondent

May 8 marks one year since former Blue House spokesperson Yoon Chang-jung sexually assaulted an intern at the South Korean embassy in Washington D.C., and there are questions about why it is taking so long for American investigators to move forward with the case.

According to a number of sources in Washington, US investigators have already tentatively decided to charge Yoon with a misdemeanor, which carries of a sentence of less than one year in prison.

In June of last year, one month after the scandal broke, the police submitted documents to the prosecutors to request an arrest warrant for Yoon. The prosecutors assigned the case to its sexual violence team, which tentatively decided to treat the offense as a misdemeanor. However, the prosecutors have yet to sign the indictment and consent document, which is delaying the issuance of the arrest warrant.

The specific reason why the prosecutors have been so slow to pursue the case has not been disclosed. One source suggested that the prosecutors have not yet been able to make an important decision, though the source did not explain what that decision might be. When contacted by a Hankyoreh reporter, the prosecutors only said that the “case is still under review.”

People connected with the prosecutors are suggesting alternately that the case is not being seen as a priority or that the prosecutors are being cautious since the suspect was a high-ranking foreign official. Since the prosecutors are currently dealing with weighty cases, including issues with the mayoral election in Washington, the Yoon case may have a low priority. However, the claim that a massive organization with more than 350 prosecutors on its payroll is short on staff is not very persuasive.

To be sure, the fact that the case is connected with a high-ranking foreign official could give the prosecutors pause. While an official member of the president’s entourage on a foreign trip is not technically a diplomat, it is customary for such officials to be regarded as special envoys and given diplomatic immunity.

However, the right to immunity is only valid when the government in question indicates that it intends to exercise that right. The South Korean government did not indicate that intention, and in fact, it asked the American investigators to thoroughly investigate the case. Considering this, the fact that Yoon was a foreign official does not necessarily present a major problem.

Nevertheless, the prosecutors might be concerned that prosecuting someone who accompanied President Park to the US could set a precedent. For example, the US would logically be unable to stop a foreign country from prosecuting an American diplomat who accompanied the US President overseas if that diplomat did something untoward.

The law firm representing Yun - Akin Gump Strauss Hauer & Feld - is a force to be reckoned with in Washington, and the firm’s lobbying power could be playing a role in the case.

Kim Seok-han, a lawyer with the firm, said last year that his motivation for taking the job was that wrapping up the case quietly would be good for South Korea, fueling speculation that Yoon’s attorneys have influenced the handling of the case.

Since there are more elements to consider in this case than in ordinary sexual assault cases, the prosecutors seem to keep putting the case off.

Allegedly, Yoon has not paid a single cent in legal fees over the past year. Akin Gump, which has assigned four lawyers to the case, approved Yoon for its pro bono program, which provides free legal defense for working class individuals and others who have trouble paying legal bills. Reportedly, the legal firm took into account the fact that, though Yoon is not poor, he is not rich enough to cover the massive legal fees.

The defendant could not be reached for comment.

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