'Bribery Allegations' Kim Hak-eui Released... Supreme Court: "Testimony Unreliable, Retrial Required" (Comprehensive)

After 8 Months of Imprisonment... "Possibility of Unfavorable Testimony Due to Coercion by Investigative Agencies"

[Asia Economy Reporter Baek Kyunghwan] Former Deputy Minister of Justice Kim Hak-ui, who was sentenced to 2 years and 6 months in prison in the second trial for charges including bribery and sexual bribery, will face trial again. Kim was released just 8 months after being detained in court, having even obtained bail permission.

On the 10th, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) overturned the original ruling that sentenced Kim to 2 years and 6 months in prison in the appeal trial for violating the Act on the Aggravated Punishment of Specific Crimes (bribery) and sent the case back to the Seoul High Court.

Kim had been on trial for receiving bribes worth approximately 130 million won from construction businessman Yoon Joong-chun between 2006 and 2008. The charges also included third-party bribery, where Yoon allegedly made a female named Lee give up a 100 million won commercial deposit to prevent Kim's sexual relationship with Lee from being exposed.

Additionally, Kim is accused of receiving about 51 million won from another businessman Choi between 2003 and 2011, and about 150 million won in money and goods through an account under a relative's name from Kim, the chairman of a certain savings bank.

The first trial court acquitted or dismissed most of Kim's charges. It dismissed the bribery of about 30 million won from Yoon and the sexual bribery charges due to the statute of limitations. The 100 million won third-party bribery charge was acquitted due to lack of evidence. Other money and goods received from sponsor businessmen were also acquitted, citing either the statute of limitations or lack of proof of quid pro quo.

The second trial court took a different view. It recognized guilt for 43 million won out of the 51 million won sponsor bribes Kim received and sentenced him to 2 years and 6 months in prison, a fine of 5 million won, and confiscation of 43 million won. The key issue in the appeal was whether the card payments and gift certificates worth about 43 million won received from Choi would be confirmed as guilty.

The Supreme Court's ruling on this day was also different. It found it difficult to exclude the possibility that the witness changed their testimony due to inducement, pressure, suggestion, or prompting by the investigative agency during the witness's summons and interview by the prosecution. It stated that the prosecution did not clearly refute the possibility that the investigative agency induced the witness to give testimony unfavorable to Kim.

The court ruled, "The prosecution must prove that there was no inducement or pressure on the witness by clarifying the timing, reasons, methods, and specific content of the pre-interview through materials recording the witness's court testimony or interview process."

Meanwhile, the Supreme Court granted bail to Kim in February. Accordingly, Kim was released 8 months after being detained in court and will face trial while not in custody. A Supreme Court official explained, "This is the first ruling to address the credibility of testimony given after a witness's pre-interview and the standards for such judgment. Through this ruling, it established a foundation to regulate the prosecution's unilateral pre-interview of witnesses by evaluating the credibility of testimony given after such interviews and presenting the standards for judgment."