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Staff at Newstapa block public prosecutors from conducting a raid on their offices in Seoul’s Jung District on Sept. 14. (Yonhap)

Prosecutors have raided the headquarters of Newstapa and JTBC, two news outlets that reported on the recording of the interview between Shin Hak-lim and Kim Man-bae, as well as the homes of several reporters involved in the reports.

By broadcasting “false reports” related to the Daejang neighborhood scandal, prosecutors allege, these news outlets and journalists defamed then-candidate Yoon Suk-yeol during the presidential election.

In cases where it is alleged that a media report is defamatory, it is common to go through procedures such as media arbitration or lawsuits for correction, as compulsory investigations of media organizations are likely to violate the freedom of the press. At the very least, prosecutors must have probable cause to suspect that a media organization or journalist has committed a crime.

However, the only criminal act prosecutors have disclosed so far is the financial transaction between Kim and Shin, a former National Union of Media Workers president.

Prosecutors allege that Kim paid Shin 162 million won for an interview conducted in September 2021 that he requested be published just before the presidential election. But this alone is not enough to implicate Newstapa in a crime.

At a press briefing on Thursday, the prosecution service was unable to provide a clear answer to reporters’ questions about the specifics of the case beyond the exchange of money between Kim and Shin.

The people involved in the Daejang neighborhood development case have already been investigated by prosecutors, their statements obtained, and the sources of the media reports revealed.

Newstapa has also released information necessary to determine the circumstances of the report, including the recording of the interview in question. The Criminal Procedure Act stipulates that compulsory measures shall be taken only “to the least extent necessary.”

By nevertheless carrying out a compulsory investigation, prosecutors are inviting suspicions that they’re pressuring media critical of the government.

Moreover, this is a case where the victim is the president, who directs the prosecution service through the head of the Ministry of Justice. Since defamation can only be prosecuted if the victim wants the perpetrators to be disciplined, this investigation seems to reflect Yoon’s determination to punish.

The heart of the issue raised by the media, including Newstapa, is that Yoon may have looked the other way for those involved in the Daejang development scandal during his investigation of the Busan Savings Bank case when he was a prosecutor.

However, prosecutors are proceeding with the investigation in accordance with the presidential office’s investigation guidelines, which state that “there are forces behind the investigation that conspired to publish false reports,” while leaving aside the claims that Yoon buried the Busan Savings Bank case without properly investigating it.

Prosecutors must properly investigate the allegations against Yoon if they are to have anyone believe that their investigation is legitimate. In the absence of such investigative rigor, they will never shake off the criticism that they are using their powers to retaliate on behalf of the president.

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