Kim Gun-hee Caught Between Prosecution and Special Investigation, Facing Direct Challenge with Summons?

The spouse of President Yoon Seok-yeol, Kim Geon-hee, who is embroiled in various suspicions, has positioned herself between the special prosecutor (special investigation team) and the prosecution. While the political sphere is pressuring with a special prosecutor bill, the prosecution has even left open the possibility of summoning her for questioning. Attention is focused on Kim's movements. Some argue that Kim should actively cooperate with the investigation, including appearing before the prosecution, to clear the suspicions.

First Lady Kim Geon-hee [Image source=Yonhap News]

According to sources inside and outside the prosecution on the 12th, the Anti-Corruption Investigation Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Kim Young-cheol) recently reinforced its personnel and is intensifying its investigation into the Deutsche Motors stock manipulation case. They have consecutively summoned and questioned individuals involved in manipulating the stock price. A prosecution official emphasized, "There will be no restrictions on the investigation targets or methods," adding, "The same applies to Mrs. Kim."

Recently, the prosecution has been criticized for conducting a 'lenient investigation' by dismissing various allegations against Kim without conducting a rigorous investigation of her. Cases in which Kim was accused, such as sponsorship and embezzlement allegations related to Cobana Contents, were collectively dismissed or not prosecuted. The prosecution's expression of investigative intent appears to be a response to this criticism.

The special prosecutor bill likely also had an impact. On the 9th, the Democratic Party of Korea proposed a special prosecutor bill to investigate Kim's alleged stock manipulation of Deutsche Motors and the large corporation sponsorship allegations involving Cobana Contents. While the Democratic Party is narrowing differences with the Justice Party regarding the content and handling of the bill, attention is on whether this bill will be designated as a fast-track agenda item. Opinions differ on this matter. The Democratic Party sees fast-track processing as essential, but the Justice Party insists that it should go through deliberation by the Legislation and Judiciary Committee. Even if the bill passes the National Assembly plenary session, President Yoon Seok-yeol has the authority to veto it.

From the prosecution's perspective, it is predicted in legal circles that they may try to conclude the investigation before the special prosecutor bill passes and the special prosecutor investigation begins. The prosecution needs to show vigor in its investigation to give President Yoon a reason to reject the special prosecutor bill. The prosecution itself does not favor the operation of a special prosecutor, as it is fundamentally perceived as being implemented due to inadequate prosecution investigations.

Considering these points, it is highly likely that the prosecution will proceed with the investigation at a brisk pace. Whether Kim will be questioned is a key issue, but it seems difficult for the prosecution not to investigate her. Public opinion outside already demands that Kim must be investigated, making it hard to ignore. Recently, as former Deutsche Motors Chairman Kwon Oh-soo and others were convicted in the first trial, calls for investigating Kim have grown stronger. The court ruled in its judgment that about 40 transactions from Kim's account were considered stock manipulation trades. The first phase of the suspected stock manipulation period involving Kim (December 23, 2009 ? September 20, 2010) was judged as a separate crime, and the statute of limitations of 10 years had expired, leading to dismissal of the indictment.

In legal circles, there are both predictions and arguments that the prosecution will conduct a summons investigation of Kim rather than a simple written inquiry, and that this should be done. It is analyzed that Kim will appear before the prosecution as a political decision to reduce the burden on the presidential office. There are also many who argue that to end the 'Kim Geon-hee risk' that has been carried since the presidential candidate period, she must undergo a summons investigation. On the other hand, some analyze that the prosecution's hesitation to summon Kim reflects prior coordination between the presidential office and the prosecution.