Kim Geon-hee's 'Luxury Bag Investigation' Accelerates... Likely to Examine Yoon's Violation of Written Report Obligation

Verification of Job Relevance Needed... No Punishment Rules for Public Officials' Spouses
President Yoon's 'Self-Reporting Obligation' Interpretation Divided
Whether to Notify Mrs. Kim's Attendance... Interest in Investigation Method

The prosecution has begun a full-scale investigation into allegations that First Lady Kim Geon-hee received luxury handbags. Prosecutor General Lee Won-seok has ordered results within a month, so the investigation is expected to proceed swiftly.

Kim Keon-hee, wife of President Yoon Suk-yeol, who is on a state visit to the Netherlands, is encouraging performers at a reciprocal cultural performance held at a concert hall in downtown Amsterdam on December 13 last year (local time). [Image source=Yonhap News]

On the 7th, reactions both inside and outside the legal community suggested that the prosecution's fate is essentially tied to the investigation into First Lady Kim's receipt of luxury handbags. Since the Joguk Innovation Party, which secured third-party status in the 22nd general election, is preparing multiple prosecutorial reform bills, the level of prosecutorial reform in the 22nd National Assembly could be determined by the outcome of this investigation.

Attorney A, a former chief prosecutor, said, "With the opposition preparing a special investigation into Kim Geon-hee, the prosecution has launched an investigation," adding, "Depending on the investigation results, the pace of prosecutorial reform bills and the proposal of a special investigation law on the First Lady may vary."

First, the prosecution plans to assign three prosecutors with extensive special investigation experience to the Criminal Division 1 of the Seoul Central District Prosecutors' Office (headed by Chief Prosecutor Kim Seung-ho), which is handling the First Lady's case, to promptly review and investigate the matter.

It has already been confirmed that First Lady Kim received a luxury handbag worth approximately 3 million won from Korean-American Pastor Choi Jae-young in September 2022, after President Yoon Seok-yeol took office. The prosecution is expected to first examine whether the luxury handbag given by Pastor Choi is related to official duties. The Improper Solicitation and Graft Act prohibits public officials' spouses from receiving money or valuables related to the official's duties.

The prosecution will likely investigate whether Pastor Choi gave the gift with the intent to influence the government's North Korea policy through the First Lady. However, even if a connection to official duties is recognized, the Improper Solicitation and Graft Act does not include punishment provisions for the public official's spouse who received the valuables, so the prosecution cannot indict First Lady Kim for violating this law.

Ultimately, the prosecution's investigation is likely to focus on whether President Yoon violated the law. When a public official's spouse receives money or valuables related to official duties, the official must submit a report to the head of their agency detailing the provider's personal information, the type and value of the valuables, and whether they were returned. Failure to submit a written report is punishable by up to three years in prison or a fine of up to 30 million won.

The issue is that the public official who received the valuables from the spouse is President Yoon himself, and he is also the head of his agency. There is no precedent on whether President Yoon should have submitted a self-report or whether, as the agency head, he was exempt from the reporting obligation, so the conclusion may vary depending on legal interpretation.

There is also interest in whether the prosecution will summon First Lady Kim for questioning. Since there is no precedent for summoning and questioning a sitting president's spouse and no punishment provisions making indictment difficult, the investigation may be conducted through written questioning. However, some predict that a summons will be unavoidable to avoid criticism of a "lenient investigation" or a "special investigation to evade responsibility."