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▲ How to file a false retrial
The Seosan Branch of the Daejeon District Prosecutor's Office announced that it had arrested and indicted A (64), a former transporter, on charges of deceiving the court and receiving criminal compensation of more than 400 million won, and indicted three per day without detention.
From around July 2019 to September this year, Mr. A and others requested 614 retrials against courts across the country, were found not guilty in 509 of them, and are accused of receiving 443 million won in compensation.
Previously, in December 2011, the Constitutional Court ruled unconstitutional the dual punishment provisions of the Road Act, which stipulates that if a truck driver violates the law while working, the company that hired the driver is also punished.
Mr. A’s gang took advantage of the fact that a transportation company previously convicted according to the unconstitutional decision could request a retrial and receive criminal compensation if found not guilty.
They were found to have been acquainted with Mr. A by falsifying documents such as the shareholder register of a transportation company that was closed in 1998, posing as shareholders and representative liquidators, reviving the company's corporate registration, and then requesting a retrial to obtain compensation.
In November 2020, the prosecution discovered charges during the trial of the retrial case, secured materials such as the contents of compensation payments for two years, and searched and seized nine places, including their residences, offices, and government offices, to reveal the crime.
An official from the prosecution said, "It is a new type of fraudulent lawsuit that exploits the fact that the court and the prosecution do not have sufficient hearings on whether the corporation has the qualifications of a representative director or liquidator." he emphasized.
(Photo = courtesy of the Daejeon District Prosecutor's Office, Yonhap News)