The court denied a warrant to detain former Defense Security Commander Lee Jae-soo, who is suspected of leading an illegal spying operation that targeted the families of those killed in the 2014 Sewol ferry sinking.

Judge Lee Eon-hak of the Seoul Central District Court refused to issue the warrant that prosecutors sought against Lee on suspicion of abuse of authority late Monday, citing a low flight risk and no risk of destroying evidence because sufficient evidence had already been obtained. 

Public Security Department 2 at the Seoul Central District Prosecutors’ Office complained about the decision, saying it was “unjust to dismiss the warrant for those who repeatedly instructed subordinates despite their concerns in carrying out acts that were clearly illegal.”

Lee, who served as defense security commander for a year from October 2013, is suspected of ordering his subordinates at the defense intelligence unit to spy on the bereaved families in order to protect the interests of the Park Geun-hye administration. The government’s failure to save over 300 passengers, mostly teenagers on a school field trip, on the Sewol ferry caused public outrage.

A joint investigation team consisting of civilians and military officials found that Lee had ordered the launch of a task force at the Defense Security Command to gather intelligence on the political leanings, family relationships and drinking habits of certain members of the bereaved families, as well as to spy on students who lost their schoolmates in the accident.

The activities of the task force were reported to Park’s presidential office on multiple occasions, according to the investigation team.

Lee is also suspected of tipping off the national veterans’ association about progressive groups’ protest plans in regard to the Sewol so that the veterans and other conservative groups could stage counter-rallies.

Three commanding officers under Lee were detained and indicted over their alleged involvement in spying on the Sewol victims’ families.

The Sewol sank off the coast of Jindo, South Jeolla Province, on April 16, 2014, leaving 304 dead.

By Kim So-hyun (sophie@heraldcorp.com)