Hyun Woo-jin acquitted in first trial over alleged question trading... "Cannot punish based solely on suspicion of unfairness" [Star Issue]

*This content was translated by AI.

A court has acquitted popular instructor Hyun Woo-jin, who was prosecuted for allegedly receiving exam questions from active-duty teachers and paying them hundreds of millions of won in return.

The Seoul Central District Court’s Criminal Division 10 issued a not-guilty verdict against Hyun Woo-jin on the 26th, who had been charged with violating the Act on Prohibition of Requesting and Accepting Bribes. Hyun did not appear in court, submitting a statement explaining his absence. Earlier, the Prosecution Service had sought a one-year prison sentence for him.

The court also acquitted two active-duty teachers and representatives from a textbook development company who were jointly tried with Hyun on charges of providing exam questions and accepting money in return.

The court explained that "the money Hyun paid to active-duty teachers corresponded to the value of the exam questions provided, constituting fulfillment of debt under private transactions rather than prohibited bribes under the Act on Prohibition of Requesting and Accepting Bribes." It further stated, "Even if a transaction took the form of a private deal, if payments significantly exceeded the value of the reciprocal benefit, it would merely be a formal compliance. However, when payments matched the value of benefits provided by public officials, they fall outside the scope of prohibited transactions under the Act."

Additionally, the court ruled that "the legality of private transactions or suspicions regarding fairness in official duties alone cannot determine whether exceptions under the Act apply." It noted that "Hyun and others obtained exam questions not only from active-duty teachers but also from specialized companies, soliciting questions from the general public. The amounts paid to these sources were similar to or even greater than those paid to teachers. The mere fact that teachers did not obtain permission for dual employment from their institutional investors does not preclude applying exceptions for private transactions under the Act."

The court further emphasized, "Law represents the minimum standard of morality, and criminal punishment is the last resort for resolving issues. It is neither feasible nor appropriate to punish all inappropriate conduct by public officials. To prevent unethical behavior that assumes 'anything goes as long as it avoids criminal penalties,' there must remain a domain for ethics and morality."

Hyun was prosecuted for allegedly receiving exam questions from three active-duty teachers who served on the EBS textbook writing team or as question-setting committee members for the CSAT and mock exams between 2020 and 2023, paying them a total of approximately 400 million won in return.

Immediately after being indicted, Hyun admitted to the question-trading incident via Megastudy's website but clarified that "the solicitation of questions was merely one channel among various sources, including external companies, and no premium was paid solely because the providers were teachers."

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*This content was translated by AI.