The second comprehensive special counsel team, led by Special Counsel Kwon Chang-young, has dismissed a criminal complaint accusing Supreme Court Chief Justice Jo Hee-de of taking part in insurrection during the Dec. 3 emergency martial law declaration.
The special counsel said in a notice to the media on the 1st that it dismissed the case on the 20th of last month, in which the chief justice was accused of engaging in important duties in an insurrection.
A dismissal closes a case without a judgment on the merits because the requirements for proceeding have not been met. The special counsel determined the complaint was speculative and lacked sufficient grounds or circumstances to open an investigation.
The chief justice was accused of participating in the insurrection by failing, as head of the judiciary, to point out the unconstitutionality and illegality of the martial law declaration or to take steps to block it. The complainants, including attorney Kim Kyung-ho and civic groups, took issue with the fact that the chief justice convened an emergency meeting of senior officials immediately after martial law was declared but did not announce an official position of refusal on behalf of the Supreme Court.
Explaining the reason for the dismissal, the special counsel said no new facts were confirmed after questioning the complainants.
The insurrection special counsel, led by Special Counsel Cho Eun-suk, had earlier examined the same allegations and in November of last year summoned and questioned an official from a civic group that had filed a complaint against the chief justice and Chun Dae-yeop, head of the National Court Administration, on charges of engaging in important duties in an insurrection. That team ultimately declined to indict.
