Police Received Written Response Earlier This Month
Direct Investigation Decision Pending
No Obstacles Like Statute of Limitations for Referral
Causality Establishment Is Key
Complainant Side: "If Habituality Is Recognized, Referral Will Occur"
[Asia Economy Reporter Oh Gyumin] Kim Geonhee, wife of President Yoon Seokyeol, has submitted a written response to the police regarding various allegations, including ‘false career credentials.’ As the police investigation is expected to conclude soon, attention is focused on whether the police will hand over the investigation results to the prosecution.
The Anti-Corruption and Public Crime Investigation Unit of the Seoul Metropolitan Police Agency reportedly received the written response from Kim’s side earlier this month. This came about two months after the police coordinated with Kim’s side in May to send a written inquiry instead of summoning her for an investigation. The written response addressed not only the core allegation of ‘false career credentials’ but also suspicions of violating the Public Official Election Act by giving money to an internet media reporter under the pretext of lecture fees.
The police investigation is expected to wrap up soon. At a regular press briefing on the 4th, when asked, “The university also returned some materials, so will it be over once the subject’s investigation is completed?” the police replied, “We need to see it to make a judgment.” The only remaining decision is whether to ‘substitute’ the written inquiry for an accused investigation or to conduct additional direct questioning.
If the investigation concludes, there is interest in whether the case will be sent to the prosecution. Unlike the ‘sexual bribery’ allegations against Lee Jun-seok, leader of the People Power Party, there appear to be no obstacles such as the statute of limitations. The allegation under investigation by the Seoul Metropolitan Police Agency involves Kim Sung-jin, then CEO of iKist in 2013, allegedly providing sexual bribery and money to Lee. If the charges are considered prostitution and bribery mediation, the statutes of limitations are 5 and 7 years respectively, so the statute of limitations likely has passed.
On the other hand, the ‘false career credentials’ allegations against Kim Geonhee were reported by civic groups on charges including habitual fraud. The statute of limitations for this crime is 10 years. It is known that Kim first listed ‘false career credentials’ when applying as a part-time lecturer at Hallym Sacred Heart University in 2001. If this is taken as the starting point, the statute of limitations has passed, but if the principle of continuous offense (where multiple acts collectively constitute one offense) is applied, there is no issue. If the starting point is the time she submitted her resume to Kookmin University in 2014 or when she completed work at the university at the end of 2016, the statute of limitations has not expired.
Regarding the establishment of the crime, the key issue is whether there is a causal relationship between the false career credentials and the payment of salary. For example, in 2004, when Kim submitted a resume to apply as a lecturer at Seoil University listing her teaching practicum as work experience, if the practicum cannot be considered work experience, it can be seen as falsely listing her credentials. If she received a salary based on this, a causal relationship is established, which could be considered habitual fraud.
There is also a view that Kim’s admission of wrongdoing could influence the decision to send the case to prosecution. On December 25 last year, Kim apologized at a press conference, saying, “I exaggerated my career to look good and also made some mistakes in writing it.”
The accusers expect the case to be sent to prosecution. Lawyer Lee Je-il, representing the civic group Minsheng Economic Research Institute that reported Kim’s allegations, said, “The police are conducting a thorough investigation,” adding, “The key is whether the false career credentials were habitual. If habituality is recognized, cases where resumes were submitted to universities other than Anyang University and Kookmin University will not have passed the statute of limitations, so we expect the case to be sent to prosecution.”
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