'Bribery' Kim Hyung-jun Former Chief Prosecutor on Trial... First Direct Indictment by the Corruption Investigation Office

Former Prosecutor Colleague Received 10 Million Won... Also Accepted Hospitality Twice
Non-Prosecution for 45 Million Won Financial Transaction... First Direct Prosecution Since Establishment of Public Corruption Investigation Office

[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The High-ranking Officials' Crime Investigation Agency (Hogwigongjikja Beomjoe Susa Cheo, or Gongso-cheo) has indicted former Chief Prosecutor Kim Hyung-jun (52, Judicial Research and Training Institute class 25) on charges of bribery. This is the first case directly prosecuted by Gongso-cheo since its establishment about a year ago.

Former Chief Prosecutor Kim was previously detained and indicted in the so-called ‘Sponsor Prosecutor’ case, in which he was accused of receiving money and entertainment from his high school classmate Kim (52). In 2018, the Supreme Court confirmed a suspended prison sentence for him.

The Gongso-cheo Prosecution Department (Chief Prosecutor Choi Seok-gyu) on the 11th indicted former Chief Prosecutor Kim and lawyer Park without detention on charges of bribery and bribery offering.

According to Gongso-cheo, in October 2015, while working at the Seoul Southern District Prosecutors' Office, former Chief Prosecutor Kim allegedly provided investigative convenience in a criminal case involving his former prosecution colleague, lawyer Park, received a bribe of 10 million won, and was entertained twice with hospitality worth approximately 930,000 won.

Additionally, former Chief Prosecutor Kim is accused of asking lawyer Park to defend Kim in cases involving embezzlement and other charges, and of using lawyer Park as a proxy in matters concerning the relationship between Kim and Kim’s mistress.

Former Chief Prosecutor Kim was also investigated by the prosecution in October 2016 for these allegations but was cleared due to lack of circumstantial evidence. At that time, the prosecution separately detained and indicted Kim only on charges of receiving money and entertainment from ‘Sponsor’ Kim.

During the Gongso-cheo investigation, former Chief Prosecutor Kim claimed that there was no connection between his duties and the benefits received, nor any quid pro quo relationship. However, Gongso-cheo indicted him based on Supreme Court precedents regarding duty-relatedness and quid pro quo relationships.

Kim claimed that the three financial transactions totaling 45 million won between former Chief Prosecutor Kim and lawyer Park also constituted bribery, but Gongso-cheo decided not to prosecute after considering the relationship between former Chief Prosecutor Kim and lawyer Park, the motive for the money transactions, repayments, and timing of repayments.

Earlier, Gongso-cheo’s Investigation Division 2 (Chief Prosecutor Kim Seong-moon) formally launched an investigation in July last year by registering former Chief Prosecutor Kim and lawyer Park on charges of bribery and bribery offering under the Act on the Aggravated Punishment of Specific Crimes.

Previously, the prosecution that investigated former Chief Prosecutor Kim’s ‘Sponsor Prosecutor’ case found no evidence of bribery involving lawyer Park. However, after Sponsor Kim filed a complaint with the police in October 2019, the investigation was reopened, and the case was transferred from the prosecution to Gongso-cheo. Subsequently, Gongso-cheo held a prosecution review committee meeting to discuss whether to indict former Chief Prosecutor Kim.