Police Missing Persons Case Cover-up Allegations, 'Reality of the Sugarcane Field' Points to Restrictions on Prosecutors' Investigative Powers

Within just four days, from April 22nd to 25th, four missing persons were confirmed dead in Jeju Island. These incidents suggest the possibility of serious crimes rather than simple disappearances, and the shock is amplified by the fact that some of the deceased were individuals connected to the police sergeant who falsely closed the missing persons cases. Attorney Kang Dae-gyu stated, "From April 22nd to today, the 25th, it has been confirmed that all four missing persons in Jeju during this four-day period have died," emphasizing the gravity of the situation.

The police officer who was emergency arrested on charges of falsely closing a missing persons case was released after the court accepted a legality review of the arrest. The court decided to release him citing insufficient grounds for an emergency arrest, reportedly taking into account that the officer had a fixed residence and commuted to work normally. Attorney Kang Dae-gyu explained, "The court conducted an arrest legality review and accepted it, ordering his release," suggesting that adherence to legal procedures for emergency arrests was a key issue.

Attorney Kang Dae-gyu explained the legal distinctions among exigent circumstances, warrant arrests, and emergency arrests, emphasizing the strict requirements for emergency arrests. He pointed out that an emergency arrest is only permissible when there is a risk of the suspect fleeing or destroying evidence, and it does not meet the requirements if the suspect has a fixed residence and commutes to work normally, indicating no risk of flight. He added, "In this case, this police officer was continuously commuting to the office. His residence was also fixed, so it did not meet the requirements for an emergency arrest."

Controversy is escalating as it has been confirmed that public CCTV footage, which could have been crucial evidence in the missing persons case, was deleted due to the expiration of its retention period. The retention period for public CCTV is approximately 30 days, but after the missing persons report on May 15th, all footage was deleted around June 19th, leading to a failure in securing evidence. This clearly demonstrates the police's inadequate initial investigation and problems in the case closure process.

There is growing regret that essential cell phone base station data for location tracking, crucial in modern investigations, could not be utilized due to the police's early closure of the case. Attorney Kang Dae-gyu stated, "Nowadays, people can be found through cell phone base stations. It's a case that could have definitely saved lives if the police hadn't closed it, which is very regrettable." He emphasized that if the police had not rushed to close the missing persons case, the lives of the missing individuals might have been saved.

The shocking fact has emerged that the police officer involved in this incident falsely closed approximately 300 missing persons cases. Attorney Kang Dae-gyu revealed, "It is said that Sergeant Boo has closed nearly 300 missing persons cases," raising the possibility of similar additional 피해 nationwide beyond the Jeju incident. This amplifies fundamental doubts about the entire police organization's missing persons investigation system, going beyond a simple individual deviation.

Criticism has been raised against Representative Park Ji-won's statement regarding the current situation: 'You cannot kill or save the police. The real concern has become a reality.' Attorney Kang Dae-gyu pointed out that such remarks from the political circles are biased towards organizational logic rather than institutional improvement, accusing them of ignoring the core of the problem. He argues for the need to discuss fundamental reform of the judicial system.

The case of the unsolved Ilsan girl abduction attempt during former President Lee Myung-bak's tenure is drawing attention once again. At that time, President Lee Myung-bak directly visited the police station and ordered the swift arrest of the perpetrator, leading to the arrest within about six hours and significant improvements in the missing persons case resolution system thereafter. Attorney Kang Dae-gyu recalled, "President Lee Myung-bak immediately visited the police station. When he ordered to catch the culprit right away, the culprit was caught in about six hours," emphasizing the influence of a leader's will and interest in solving problems.

As the fallout from the Jeju incident spreads nationwide, the Seoul Metropolitan Police Agency has launched a comprehensive investigation into approximately 92,800 missing persons reports that were filed and then closed from January 2024 to the present. Attorney Kang Dae-gyu mentioned, "The Seoul Metropolitan Police Agency looked into missing persons reports filed and then closed from January 2024 to the present, and it amounted to about 92,800 cases." He added that they plan to focus particularly on cases closed without face-to-face interaction, such as those closed by phone. This is seen as a move to confirm deficiencies in missing persons investigations and to devise measures to prevent recurrence.

Statistics revealing that 800-900 of the approximately 1,500 annual missing persons reports in Jeju are for adults have been released, raising concerns about the limitations of police investigations. Attorney Kang Dae-gyu pointed out, "When you think of missing persons reports, you might think of children or elderly people with dementia, but out of 1,500 cases in Jeju, 800 to 900 are adult missing persons reports." He argued that doubts about the missing persons case resolution system have intensified since exclusive investigative authority was granted to the police, and that the balance of the judicial system must be restored through the revival of prosecutors' supplementary investigative powers and the restoration of their original investigative authority.

Attorney Kang Dae-gyu strongly criticized that crimes without victims—such as drug offenses, gambling, drunk driving, violations of political funding laws, and public election laws, often involving politicians—can be covered up by the police without anyone uncovering them. He pointed out that the trustworthiness of internal police investigations is low when fellow officers commit wrongdoing, arguing that the police's exclusive investigative authority creates blind spots. He even cited the drama 'Casino' as an example, mentioning the possibility of crime cartels colluding with the police, warning of the dangers that could arise from the absence of prosecutorial oversight.

The acquittal of Noh Woong-rae in the first and second trials hinged on 'procedural illegality in the evidence collection process.' The problem arose from using data obtained from former Democratic Party Deputy Secretary General Lee Jeong-geun's mobile phone in Noh Woong-rae's case without obtaining a separate warrant. The court's position, as explained by Attorney Kang Dae-gyu, is that "even if it came from Lee Jeong-geun's phone, if the defendant is different and the actions are slightly different, separate warrants should be obtained for each. This is the court's current stance," emphasizing the court's position that separate warrants must be issued for separate investigations.

In the current criminal justice structure, even if 9 out of 10 pieces of evidence are lawfully collected, if even one piece is collected unlawfully, all evidence can be rejected. Attorney Kang Dae-gyu explained, "In a murder case, a knife is found, CCTV footage is available, everything is there. But if the Miranda warning is not given during the arrest process, an acquittal will result." He cited a case where a drunk driving repeat offender was acquitted because the arrest handover document was not prepared. This illustrates the reality of a judicial system where the legitimacy of the investigation process takes precedence over the factual criminal offense.

Attorney Kang Dae-gyu interpreted Representative Han Dong-hoon's demand to release the recording file related to Noh Woong-rae's case as a request in the context of political debate. He stated, "For political defense or political attack, demanding to listen to such a recording file seems entirely plausible," analyzing that Han's quotation of the recording during the parliamentary consent for Noh Woong-rae's arrest, when Han was Minister of Justice, could be a response strategy to political attacks from Representative Lee Jae-myung's side.

While the Democratic Party characterized Noh Woong-rae's case as 'oppression of the opposition party,' Attorney Kang Dae-gyu emphasized that the prosecution's indictment was based on substantive evidence. He explained that there was concrete physical evidence, such as Lee Jeong-geun, the former Deputy Secretary General's mobile phone and diary, stating, "It was done because there was substance. Because there was substance." He argued that, considering the court's judgment at the time and the progress of the prosecution's investigation, it cannot be simply viewed as political oppression.

Criticism has been raised regarding Representative Lee Jae-myung's contradictory actions in criticizing the prosecution over Noh Woong-rae's acquittal. Despite having personally decided to disqualify Noh Woong-rae from nomination based on criteria he himself set as party leader, Lee reportedly reacted emotionally, blaming the prosecution's indictment. The host pointed out, "He himself made the decision to disqualify from nomination based on criteria he set as party leader, yet he shifted the blame to the prosecution, saying it was because of the prosecution's indictment that his political life and nomination rights were not given." Various controversies, including the nomination of Chairperson Lee Ji-eun in Noh Woong-rae's constituency, Mapo Gap, were also mentioned during this process.