Mrs. Kim's 'Luxury Bag Suspicion'... Remaining Challenge: Choi Jaeyoung's Water Management Committee, Special Prosecutor Law

First Lady Kim Geon-hee's 'Luxury Bag Suspicion' Temporarily Settled
Cho Jae-young's Investigation Committee Convening Leaves Issues Unresolved
Parliament's Special Prosecutor Bill in Plenary Session Also a Variable

Suspicion surrounding First Lady Kim Keon-hee's receipt of luxury bags, which seemed to have been settled by the Prosecutorial Review Committee's (PRC) recommendation for non-prosecution, is now facing potential last-minute obstacles with Pastor Choi Jae-young's referral to the PRC and the handling of the Kim Keon-hee Special Prosecutor Act.

If the PRC on Pastor Choi issues a new judgment finding a violation of the Improper Solicitation and Graft Act, the criminal liability of President Yoon Seok-yeol, who failed to fulfill the obligation to report his spouse's receipt of gifts, will be revived. If the opposition party pushes for the passage of the Kim Keon-hee Special Prosecutor Act at the National Assembly plenary session on the 12th and President Yoon exercises his veto power again, political and judicial controversies are likely to intensify.

[Image source=Yonhap News]

On the 9th, the Seoul Central District Prosecutors' Office Citizens' Committee held a sub-review committee meeting and decided to accept Pastor Choi's request to convene the PRC regarding the luxury bags given to First Lady Kim. When a suspect, victim, or other related party requests the convening of the PRC, the Prosecutors' Citizens' Committee holds a sub-review committee meeting with 15 external members to decide whether to submit the matter to the Supreme Prosecutors' Office PRC. The sub-review committee concluded that it was necessary to refer to the PRC the continuation of investigation and prosecution regarding Pastor Choi's alleged violations of the Improper Solicitation and Graft Act, trespassing, defamation, and obstruction of official duties.

If the PRC, convened upon Pastor Choi's request, determines that the luxury bags fall under the "prohibited gifts" defined by the Improper Solicitation and Graft Act and decides to prosecute Pastor Choi, it will be difficult to close the case involving First Lady Kim. This is because President Yoon, who did not report the receipt of gifts by his spouse, could become subject to punishment.

Regarding the violation of the Improper Solicitation and Graft Act, while the giver, Pastor Choi, can be punished, there are no provisions for punishing the public official's spouse, so it is expected that the non-prosecution conclusion for First Lady Kim will remain unchanged. In particular, Pastor Choi has been accused of trespassing due to "sting reporting," so it is possible that only Pastor Choi will be punished. If the luxury bag case concludes with punishment only for the giver, it could provoke a backlash.

[Image source=Yonhap News]

The Kim Keon-hee Special Prosecutor Act is also a last-minute variable. On the 9th, the National Assembly's Legislation and Judiciary Committee passed the Kim Keon-hee Special Prosecutor Act, which includes the "luxury bag receipt suspicion," at the subcommittee stage with the Democratic Party of Korea. The opposition plans to attempt passage at the full Judiciary Committee meeting and then at the plenary session on the 12th.

Even if the Kim Keon-hee Special Prosecutor Act passes the plenary session, President Yoon is likely to exercise his veto power, making it unlikely that the luxury bag investigation will be revived solely by the passage of the special prosecutor act. However, political controversy is expected in this case as well, as it will be difficult to avoid criticism that the veto was exercised to shield himself and his family.

Some in the legal community point out that if the president vetoes a special prosecutor act related to his spouse, it may violate the conflict of interest prevention law's recusal provisions. A former prosecutor turned legal expert said, "There is no provision excluding the president from this clause, so repeated presidential vetoes of the 'Kim Keon-hee Special Prosecutor Act' could constitute an abuse of authority."