Chapter 205
Chapter 205
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Translator: penny
Chapter: 205
Chapter Title: Procedural Checkmate
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"Prosecutorial Case Affairs Rule Article 67: When a prosecutor makes an emergency arrest pursuant to Article 200-3(1) of the Criminal Procedure Act, they shall immediately prepare Emergency Arrest Form No. 81 as per paragraphs 3 and 4 of the same article, file it in the record, and send a copy to the case affairs staff. Article 74: The case affairs staff shall submit investigation-related documents and evidence to the court, obtaining the prosecutor's opinion and signature stamp."
"Kang Hyun, Prosecutor...!"
"Here's a copy of that 'Emergency Arrest Form.' It's a crucial investigation document for the warrant review, which I submitted myself, so please take it into consideration in your judgment..."
Kang Hyun began clearly demonstrating that his emergency arrest, within his prosecutorial authority, fully complied with the law.
"I never requested your opinion!"
Judge Baek Seong-gwan shouted in a shuddering voice, but it was futile.
"Under the same Article 74, regarding the review of the legality of arrest and detention, paragraph 4: In cases where there are grounds under each subparagraph of Article 214-2(5) of the Criminal Procedure Act, where conditions for release under Article 214-2(6) need to be added, or where investigative measures under Article 214-2(11) are necessary, the prosecutor must notify the relevant submission documents, such as the investigative liaison form, regardless of whether the judge requests it. I don't have paper or a pen to write up the submission form right now. And doing it in writing feels a bit off."
Kang Hyun leisurely lifted his head and shot a piercing glance at Baek Seong-gwan.
"I hereby verbally state that intention."
"...!"
Sweat beaded on the judge's forehead under the fierce gaze that bordered on menacing. He glanced down at the documents tossed onto his bench.
'Emergency Arrest Form, Suspect Park Jeong-seok.'
A few sheets of paper carrying irrefutable binding force.
The presence of the emergency arrest form before the judge overwhelmed everyone in the room. And the one person who had engineered this situation.
Kang Hyun.
He had already executed the emergency arrest on 'Park Jeong-seok, converted to suspect' as noted on the form, handed him over to the prosecutor's office, and then taken his place here.
Even a judge could not arbitrarily decide on the issuance of an arrest or detention warrant when a suspect had been lawfully emergency-arrested under the Criminal Procedure Act.
He could no longer mock the female prosecutor as before, ask about her hometown, or judge at his whim.
The situation had reversed in an instant.
The judge squeezed his eyes shut and squirmed as if sitting on a bed of nails, beginning to listen intently to each of Kang Hyun's words.
This, too, was procedure—he had no choice but to hear it.
"First, it seems the decision on issuing an arrest warrant for suspect Park Jeong-seok has already been made. Article 55(3): If the prosecutor reviews the arrest warrant request and finds no reasonable grounds, it is rejected via an arrest warrant rejection notice.
Under the above Rule Article 71, regarding effects, etc., 'emergency arrest' is treated as 'arrest,' and 'emergency arrest form' as 'arrest warrant,' and since there are no reasonable grounds to request an arrest warrant for the already emergency-arrested suspect..."
"I request rejection."
Hwang Jae-eun stepped forward, declaring triumphantly upon understanding his words, while Kang Hyun naturally stepped back.
He judged this part was her responsibility.
"It's already a mess, but this works out perfectly. We don't need your judgment on the requested warrant, Your Honor. I'll file a rejection request in the prosecutor's name."
"Th-this... wait a moment..."
Judge Baek Seong-gwan, who had been smugly wielding his power, froze like a mute who had swallowed honey, staring at the two prosecutors.
No matter what nonsense they pulled, he couldn't overturn this proposal now, nor suppress them with any authority.
Because it was procedurally correct.
Moreover, as a judge, the very fact that this sordid affair had unfolded was embarrassing and dishonorable.
It was only natural.
Under the name of the law, he couldn't handle the two young prosecutors standing on equal footing with an old judge.
Baek Seong-gwan couldn't collect his wits.
"Th-the legality of the emergency arrest? C-can you take responsibility!"
"Criminal Procedure Act Article 200-3: A prosecutor may arrest a suspect without a warrant if there is probable cause to suspect an offense punishable by death, life imprisonment, or imprisonment or confinement for at least three years, and there is a risk of evidence destruction, flight, or likelihood of flight by the suspect, by stating the gist of the offense, reasons for arrest, etc.
Case Affairs Rule Article 68: When making an emergency arrest, the prosecutor shall carefully consider the suspect's age, background, criminal tendencies, severity and nature of the offense, and other circumstances to avoid infringing on human rights."
"..."
"The suspect was identified only after a considerable period following the date of the narcotics offense involving other defendants, based on their confessional statements.
Given the significant passage of time since the offense, there was ample concern for evidence destruction, justifying the arrest. Additionally, entry/exit records show the suspect has traveled to Southeast Asia including the Philippines at least five times and Europe once this year alone, with further trips planned, indicating flight risk. As for human rights, there's nothing more to say—Park Jeong-seok walked into the car on his own two feet. I'll submit the related statement."
"...Hic."
"If you want to nitpick the legality, feel free to raise any objections. I'll gladly respond. No matter what procedural issues or other flaws you bring up, I'll clarify them all. But if you fight me to the end in front of all these citizens and the media watching, and lose, the responsibility falls on you, Your Honor."
"A-are you threatening me? Even if... how dare you to a judge..."
"Heavens, no. How could a mere assistant prosecutor say anything threatening in front of a respected judge like you?"
"You insolent bastard who won't listen to reason!"
The judge bellowed. But the one terrified wasn't Kang Hyun—it was Baek Seong-gwan.
"Insolent bastard who won't listen to reason?"
Kang Hyun's eyes sharpened toward the judge.
"Th-this...!"
"Judge Baek Seong-gwan, you are a person entrusted with the sacred duty to exercise the judicial power granted by the people strictly in accordance with the law and conscience. As someone who must firmly uphold the honor of an independent judge based on the trust and respect of all, if you use it to gain personal benefits, play political favorites, and take sides—isn't that the very definition of an insolent bastard who won't listen to reason?"
"Huh, heok... Get that bastard out! Now!"
No matter how he screamed, no one listened. Kang Hyun calmly continued.
"Since suspect Park Jeong-seok has been emergency-arrested, under Criminal Procedure Act Article 200-4, the prosecutor must promptly request a detention warrant from the competent court judge. Thus, within one hour from now, I'll request a detention warrant for Park Jeong-seok. As for you, Judge Baek Seong-gwan, I'll file a recusal request in the prosecutor's name, so I hope you won't hover around hoping for scraps from this case."
"Wh-what? Cut this crap!"
Rustle!
Baek Seong-gwan flung the documents prepared for reviewing the two warrants toward Park Min-seong.
Beside the shouting judge, Park Min-seong's face was rigid as he silently listened to Kang Hyun. It was filled with guilt and bewilderment at Kang Hyun's astonishing ploy.
"Gulp..."
He merely swallowed dryly, motionless.
By requesting recusal of Judge Baek Seong-gwan while seeking a detention warrant for Park Jeong-seok.
While the tide had already turned dramatically with Kang Hyun's emergency arrest of Park Jeong-seok, if the detention decision followed and Baek Seong-gwan rejected all warrants simultaneously, Kang Hyun would achieve complete victory in the race against Park Min-seong.
Park Min-seong hadn't just failed to block Park Jeong-seok's arrest—he'd failed even on the detention warrant.
Ultimately, Park Min-seong's strategy—the Prosecutor General's plan to first detain Gu Ik-hwan and build a bribery case from there to amplify political fallout—collapsed miserably in one blow.
"That's all. This concludes my verbal statement in lieu of the investigative liaison submission form. Any questions?"
"..."
"No questions, Your Honor? If there's any prosecutorial statement you wish to reference for later judgment, feel free to request it in writing anytime."
"...Hic, hic."
Baek Seong-gwan began hiccupping.
Until Kang Hyun finished speaking, not a single person could properly refute or excuse his words. In the ensuing silence, only the court reporters' hands sped up toward the end.
Even if only refined records remained, today—when Kang Hyun had silenced Namyangju Branch Court Judge Baek Seong-gwan No. 13 with law and procedure.
The warrant review in Namyangju District Court Room 8 would spread as history.
With political schemes and factional disputes erased, as a prosecutorial triumph.
And as a shameful stain for the court.
His judgment and ability had shone, overturning everything.
"Then, I'll take my leave. Continue your discussion."
Kang Hyun turned sharply to exit the courtroom. Hwang Jae-eun shoved aside the detectives blocking the way and followed him.
Only then did Baek Seong-gwan stammer urgently.
"W-wait, Prosecutor Kang Hyun! Give me a moment..."
But Kang Hyun ignored the fading voice, brushing past the icily stiff-faced Park Min-seong and leaving one parting remark in the hollow courtroom.
"There sure are a lot of people in this world who mess around without fearing the law. If only they were as pure and upright as you, Your Honor. Man, I wish."
Afterward, the case proceeded smoothly.
The initial warrants for Gu Ik-hwan and Park Jeong-seok were all rejected.
However, with Kang Hyun's emergency arrest of Park Jeong-seok, the major issue exposed publicly shifted to KW Construction's corruption and shoddy work violating the Building Act, business negligence resulting in death, and the like.
The media began airing heartrending stories of injured workers and families of the casualties, turning the arrows of criticism toward Park Jeong-seok.
Naturally, Gu Ik-hwan was implicated as the backer, merging the bribery charge with the focus on KW Construction's corruption.
In the end, one case involving Park Jeong-seok in the James Park narcotics incident, and another combining KW Construction's business negligence injuries with bribery, raced toward trial.
While hints of political controversy lingered, as Kang Hyun predicted, their force was so negligible they warranted no attention.
Instead, true vengeance for the victims and judgment on the real corrupt evildoers.
People began desperately craving it.
[Park Min-seong, Namyangju Branch Acting Chief, Sudden Investigation Briefing. Related to Detention of KW Construction CEO Park Jeong-seok (Bulletin 1)]
[Namyangju Building Collapse Suspects Indicted Swiftly—Will Families of Shoddy Work Victims Finally Find Solace? (Bulletin 2)]
[KW Construction Defense Team Resigns En Masse. Cornered.]
Kang Hyun watched Park Min-seong on TV, standing calmly before the microphones.
-KW case key figures—former Namyangju Branch Chief Gu Ik-hwan and CEO Park Jeong-seok's investigations will be handled by the Namyangju Branch Criminal Division, as coordinated with headquarters. Additionally, Prosecutor Kang Hyun will be entrusted with the policy lead for this investigation, and the remaining offices will fully support his efforts.
The case would now unravel truths one by one in Kang Hyun's hands.