[Editorial] Eavesdropping Investigation Can't Stop Now

The investigation into the illegal eavesdropping has come to an embarrassingly inconclusive end. We had no idea the country's prosecutors are so weak and lacking in ability. An extraordinarily large number investigators were assigned to an inquiry that took an exceptionally long 140 days to produce results that are disappointing and leave you at with a sense of helplessness. Samsung has been excused of any wrongdoing as the prosecution announced essentially that it had "looked into it and not found much" about allegations of bribery by the conglomerate's top executives, something that was of intense interest to the general public. High-ranking officials at the country's intelligence agency and powerful government influentials who were involved in illegal eavesdropping during Kim Young Sam's "Civilian Government" will be able to walk around as free men. Meanwhile, prosecutors are being ruthlessly hard on members of the news media who have made it possible to start ridding the country of illegal eavesdropping by reporting what is on the so-called "X File."

As expected, illegal electronic surveillance and interference in domestic politics by the Agency for National Security Planning (ANSP) during Kim Young Sam's "Civilian Government' was if anything more serious than it was under Kim Dae Jung's "Government of the People." Even more serious is the fact that the information obtained through the illegal activity was reported to president Kim Young Sam on a weekly basis. The name of his son, Kim Hyeon Cheol, who during his father's term in office enjoyed all the perks of power, appears repeatedly in the prosecution's report. It turns out that along with former Cheong Wa Dae official Yi Won Jong, Kim Hyeon Cheol used the illegally obtained information to interfere with domestic politics.

Both Former Presidents Must Apologize

Now that it is official that there were civil rights violations and acts intended to manipulate the political landscape committed by the nation's intelligence agency, former presidents Kim Young Sam and Kim Dae Jung both need to bow their heads before the Korean people and apologize. One would also hope that Kim Young Sam gives a detailed explanation as to how he came to have weekly reports about what was discovered in the course of the eavesdropping.

The results of the prosecution's investigation presents the country with a lot of questions and issues that need to be resolved. To begin with, the statue of limitations needs to be removed in cases where an organ of the state has committed illegalities. Because of the statue of limitations on the communications privacy law, former high-ranking officials in the ANSP are getting away without being indicted while two former directors of the ANSP under its later name, the National Intelligence Service (NIS), have been arrested. Maybe you can explain that with legal logic, it does not sit well with the Korean public and its shared sense of law and order. There exists a need to constructively consider the question of removing the statue of limitations for crimes committed by state organs, so as to make sure the same contradictions do not occur.

Allegations about a bribing campaign by Samsung's top executives must not be buried away forever because that, too is something that must be addressed. The prosecution let itself be swayed by Samsung's explanatory statements about what had transpired, and in the end it decided against filing charges for either Samsung chairman Lee Kun Hee, former JoongAng Ilbo president Hong Seok Hyun, and everyone else related to the case. The prosecution was as cold as autumn frost in the investigation in to illegal activities at the NIS, but it was warm like the winds of spring in the face of the mighty conglomerate Samsung. You hear sighs of relief coming from Samsung but on the streets you hear people mocking the prosecution, full of distrust. About allegations the top men at Samsung fed bribes to former and current prosecution officials as well, the prosecution concluded its inquiry having given nothing but excuses. That part of the inquiry should never have been entrusted to the regular prosecution. At this point only a special investigator will be able to uncover the truth.

Contents of the 'X File' Must Be Clarified

Finally, one would hope to see the National Assembly decide, at the earliest date possible, what to do about the 274 illegal audio surveillance tapes discovered in the home of former ANSP "Mirim Team" boss Gong Un Yeong. The prosecution has made it clear that it will not use the material, arguing that it cannot use illegally obtained evidence. However, it is possible they contain clues to very serious crimes that absolutely cannot be overlooked. The National Assembly should delay making a decision on whether to pass a "special law" or "special investigator law" no further.

This must not be final conclusion to the prosecution's investigation. It cannot just declare the situation over and expect it to be a done deal. There may never be another opportunity to sever the links that form the collusive relationship between government, business, and the media and that plague our society.

The Hankyoreh, 15 December 2005.

[Translations by Seoul Selection]