Prosecutors have decided not to indict former Supreme Court Chief Justice Kim Myung-su over allegations that he improperly rejected the resignation of a judge implicated in a judicial corruption scandal.
According to legal circles on the 4th, the Criminal Division 1 of the Seoul Central District Prosecutors' Office (led by Senior Prosecutor Shin Do-wook) cleared Kim of charges of abuse of power and fabrication of official documents last month, citing insufficient evidence.
Prosecutors reportedly reached this conclusion based on third-party testimony supporting Kim's claim that he believed former High Court Presiding Judge Lim Sung-keun had withdrawn or suspended his intention to resign.
Kim faced allegations that in May 2020 he rejected Lim's resignation request on grounds that the National Assembly was pursuing impeachment proceedings. He was also accused of submitting a false written response to parliamentary inquiries, stating he had "never refused to accept the resignation for impeachment purposes."
Kim submitted a response to the National Assembly denying he had made such remarks after media reports in February 2021 raised suspicions that he had rejected the resignation, saying "then the impeachment wouldn't proceed."
However, controversy over a "false explanation" erupted when Lim's side released the next day an audio recording and transcript containing Kim's voice, sparking criticism that the head of the judiciary had been swayed by political considerations.
In the transcript, Kim said: "They're making such a fuss about impeachment, so what would the National Assembly say if I accepted the resignation?" He added: "If I just accept it today, they can't talk about impeachment. It's not appropriate to receive such criticism."
The prosecutors' conclusion comes approximately five years after the People Power Party filed a complaint in February 2021.
During the Moon Jae-in administration, the Seoul Central District Prosecutors' Office only conducted written investigations of Lim and Kim In-kyum, then-Vice Minister of the National Court Administration and currently a presiding judge at Seoul High Court.
After the Yoon Suk Yeol administration took office, a new investigation team summoned Lim as a witness in August 2022. Kim was called in for a closed-door investigation in August 2024, but no conclusion was reached at that time.