'Myeong Taegyun Gate' What Charges Are Myeong Taegyun, Kim Youngsun, and Kang Hyekyung Under Investigation For? [Q&A]

Late Forced Investigation Begins at Changwon District Prosecutors' Office
Corruption Investigation Office and Police Also Investigate
Limits to Investigation of President Yoon and Spouse... Special Prosecutor Possible

The main figure of the so-called 'Myeong Taegyun Gate,' which has become the eye of the political storm, is Myeong Taegyun. Alongside him is former People Power Party lawmaker Kim Youngseon, who allegedly received a nomination through Kim Geonhee. Kang Hyekyung continues to reveal expos?s related to these two individuals.

All three are currently under investigation by the prosecution. The following Q&A summarizes the charges each is facing and the progress of the investigations.

Q. What is the 'Myeong Taegyun Gate'?

A. It began with allegations of 'nomination interference' involving Kim Geonhee's intervention during former lawmaker Kim Youngseon's move from his constituency in Changwon to run in Gimhae Gap, Gyeongnam, in the April 10 general election. On the 5th of last month, News Tomato first reported this under the headline <(Exclusive) "Kim Geonhee Interfered in April 10 General Election Nomination">. According to the report, on February 29, Representative B met M at a local place, and M handed over captured Telegram messages exchanged between Kim Geonhee and former lawmaker Kim. In that report, M was identified by the initial M and described as a figure known not only in Gyeongnam but also centrally, based in Changwon.

On the 19th of the same month, News Tomato followed up with <(Exclusive) "February 29 Chilbulsa Meeting... Discussion on Kim Geonhee's Nomination Interference Exposure">, revealing that the meeting between M and Representative B took place at Chilbulsa Temple at the foot of Jirisan Mountain. M was identified as Myeong Taegyun, B as Lee Junseok, a member of the Reform New Party, and the meeting involved discussions about exposing Kim Geonhee's interference in the April 10 nomination and about Kim's proportional representation nomination in the Reform New Party. Subsequently, Cheon Haram, another Reform New Party lawmaker who attended the meeting, was also publicly named.

Following this, Kang Hyekyung, a former aide to Kim, made further revelations, and recordings involving Myeong and Kim were released, showing that Myeong had connections since the last presidential election with then People Power Party leader Lee Junseok and emergency committee chairman Kim Jongin. It was revealed that Myeong supported President Yoon Seokyeol through public opinion polls conducted by the Future Korea Research Institute (which Myeong claims is not his company nor is he the actual operator) and exerted influence by leveraging his acquaintance with President Yoon and Kim Geonhee.

During a National Assembly Legislation and Judiciary Committee audit, Kang, who appeared as a witness, was asked if she could disclose a list of politicians connected to Myeong through the Future Korea Research Institute. She replied, "I will submit it separately later." On the 21st, Kang's lawyer, Roh Younghee, publicly released a list of 27 names including President Yoon, Representative Lee, Yoon Sanghyun, Kim Jintae, Oh Sehoon, Hong Junpyo, Na Kyungwon, Ahn Cheolsoo, Lee Eonju, Kim Dugwan, and Ha Taekyung. Roh clarified on her Facebook that this list was not the 25 names Myeong mentioned but rather those who had been surveyed by the Future Korea Research Institute, competitors of the client, or those independently polled, and that Kang did not disclose the list herself. Nonetheless, the impact was significant.

Recently, allegations surfaced that Myeong was involved in selecting the site for the national advanced industrial complex in Changwon, Gyeongnam, expanding suspicions that he meddled in various vested interests.

Q. What is the relationship among Myeong Taegyun, Kim Youngseon, and Kang Hyekyung?

A. Myeong is known as a political consultant, election technician, and broker, recognized for his excellent political acumen in polls and elections, and is known to have interacted with various politicians based in Gyeongnam. He has known former lawmaker Kim since around 2018 and served as the general manager of Kim's constituency office when Kim was a member of the National Assembly for Uichang District, Changwon. Kang worked with Myeong for a long time and began knowing Kim around March 2018 when Kim moved to Changwon and started using the polling company office, reportedly run by Myeong, as a lawyer's or election office. Kang served as Kim's secretary and accounting manager during Kim's tenure as a lawmaker.

Q. What charges is Myeong Taegyun facing?

A. The Changwon District Prosecutors' Office Criminal Division 4 is investigating allegations of violations of the Political Funds Act related to financial transactions between Myeong and former lawmaker Kim. In December last year, the Gyeongnam Provincial Election Commission reported Kang, who was Kim's accounting manager, to the Changwon District Prosecutors' Office for violating the Political Funds Act and requested investigations into five individuals related to political fund expenditures, including Myeong and Kim.

After being elected in the June 1, 2022 by-election for Uichang District, Changwon, Kim reportedly sent half of his salary to Myeong dozens of times from August 2022, totaling about 90 million won. The prosecution's recent search warrant stated that between around August 23, 2022, and December 28, 2023, there were 25 instances where Kim and Myeong, through Kang, donated a total of 90,316,000 won in political funds related to recommending a candidate for the National Assembly election. The prosecution noted that based on evidence such as recordings and bank transaction details, there is suspicion that Kim donated political funds to Myeong, who received them, constituting violations of the Political Funds Act.

Political and legal circles suspect that the money Kim paid Myeong was in exchange for his nomination. However, Kim denied these allegations during a June investigation, stating that the money was repayment of a loan during the election process. Kim's side claims that Myeong lent 60 million won for polling costs requested by Kang, which was repaid. Myeong also posted on his Facebook on the 21st of last month, "Is it a problem that I got back the 60 million won I lent?" The prosecution also considered applying charges under the Public Official Election Act (prohibition of donation acts) related to this fund but reportedly closed the investigation before the statute of limitations expired on the 10th.

Meanwhile, it was revealed that after receiving the complaint at the end of last year, the Changwon District Prosecutors' Office assigned the case to the investigation division staffed by investigators without prosecutors, and Myeong was only summoned once as a witness early this year without proper suspect interrogation, sparking controversy over inadequate and delayed investigation. Cases deemed less significant are assigned to the investigation division under the secretariat. After Kang began exposing Myeong-related matters, the Changwon District Prosecutors' Office reassigned the case to the Criminal Division 4 last month, converted Myeong to a suspect, and conducted searches on Myeong, Kim, and Kang on the 30th of last month. On the 17th, the prosecution reinforced the investigation team by receiving one public security specialist prosecutor each from the Supreme Prosecutors' Office and Busan District Prosecutors' Office, both experienced in Public Official Election Act and Political Funds Act violations. The team is analyzing over 4,000 phone call recordings between Myeong and Kim submitted by Kang.

The Seoul Central District Prosecutors' Office Public Investigation Division 2 is investigating allegations of polling manipulation by Myeong, reported by a civic group. On the 23rd, the Citizens' Action for Judicial Justice (Sasehaeng) filed a complaint with the Seoul Central District Prosecutors' Office against Myeong, President Yoon, and Kim Geonhee for violating the Public Official Election Act. The allegation is that Myeong conducted 81 public and non-public polls worth about 375 million won before the 22nd presidential election, providing them to President Yoon and, in return, was promised Kim Youngseon's nomination by Kim Geonhee.

At the complaint press conference, Sasehaeng claimed, "Myeong repeatedly manipulated polling data during the People Power Party primary and the presidential election to produce favorable results for President Yoon, and President Yoon and Kim Geonhee condoned and abetted these manipulations." Article 96(1) of the Public Official Election Act prohibits anyone from distorting and publicizing or reporting election-related poll results. Violations are punishable under Article 252(2) with imprisonment up to five years or fines between 3 million and 20 million won.

Previously, Sasehaeng also filed complaints with the Corruption Investigation Office for High-ranking Officials against Myeong, President Yoon, and Kim Geonhee for alleged violations of the Political Funds Act related to the 'free provision' of polls. Additionally, they filed further complaints against President Yoon and his wife for allegedly interfering in People Power Party candidate nominations in the 2022 local and by-elections, violating the Public Official Election Act.

The prosecution is reportedly considering whether charges such as fraud or embezzlement could apply if Myeong received money in exchange for promising nominations to local election preliminary candidates or misappropriated Future Korea Research Institute funds for polling. Myeong denies these allegations but has stated that 'there was no nomination interference, mostly bluff,' which is being considered in the applicability of charges.

Myeong is also under police investigation for defamation related to President Yoon. Lee Jongbae, a People Power Party Seoul city councilor, filed a complaint against Myeong for defamation under the Information and Communications Network Act, citing Myeong's statements claiming he brought President Yoon into the People Power Party and unified the presidential candidate.

Q. What charges is former lawmaker Kim Youngseon facing?

A. He is under investigation for violating the Political Funds Act related to financial transactions with Myeong. Kim maintains that the transactions were private between Kang and Myeong, but if the prosecution uncovers facts contradicting his explanation through submitted call recordings, it may be difficult for him to clear the charges.

On the 23rd, Kang Hye-kyung appeared at the Changwon District Prosecutors' Office in Seongsan-gu, Changwon-si, Gyeongnam to undergo prosecution investigation and stated her position.

Q. What charges is Kang Hyekyung facing?

A. Kang is under investigation by the Changwon District Prosecutors' Office along with Myeong and Kim for the case reported by the Gyeongnam Provincial Election Commission last year concerning money transactions between Kim and Myeong. Additionally, Kang is being investigated for embezzlement, fraud, and violations of the Political Funds Act, charges filed by Kim at the Changwon District Prosecutors' Office on the 23rd. Kim alleges Kang inflated election funds and embezzled money. Kim claims he borrowed 97 million won from Kang for election funds and repaid it with preservation costs received after the election, but the actual self-funded amount was 47 million won.

After reinforcing the investigation team with two dispatched prosecutors, the Changwon District Prosecutors' Office summoned Kang on the 23rd for an 11-hour and 30-minute interrogation. Afterward, Kang said, "Only very basic questioning was done, and the investigation of the recordings hasn't even started. There is so much to investigate that I will probably have to come several more times." When asked if the investigation included Kim Geonhee's nomination interference allegations, Kang replied, "Not at that stage yet. There is too much content."

Q. Is there a possibility of investigation into President Yoon or Kim Geonhee?

A. The presidential couple faces allegations of violating the Public Official Election Act for interfering in Kim Youngseon's nomination at Myeong's request. If, as Kang claims, they received numerous polls through Myeong without paying for them before the presidential election and used them for the campaign, they could be charged with illegal receipt of political funds under the Political Funds Act. Article 45(1) of the Political Funds Act punishes receiving political funds from non-relatives by unauthorized means. The opposition party also raises the possibility of bribery charges.

Article 84 of the Constitution stipulates presidential immunity, stating that "The President shall not be subject to criminal prosecution during the term of office except for crimes of rebellion or treason." This immunity is interpreted as protecting the President from indictment, arrest, detention, seizure, or search during the term to maintain the dignity and smooth execution of duties. However, investigations can proceed during the term, and the immunity only limits prosecution during office, not exemption from responsibility. Thus, prosecution is possible after leaving office. The Constitutional Court views this immunity as a legal obstacle to the state's exercise of prosecution rights, suspending the statute of limitations during the President's term.

Q. What about the statute of limitations for Public Official Election Act violations?

A. Generally, the statute of limitations for Public Official Election Act violations expires six months after the election. Article 268(1) of the Act states that the statute of limitations for crimes under this law is completed six months after the election day (or six months from the date of the offense if committed after the election). However, Article 268(3) provides an exception for crimes committed by public officials using their position or authority, extending the statute of limitations to ten years after the election day (or ten years from the offense date if after the election). Although President Yoon was not a public official at the time, the complainants argue that the statute of limitations was suspended upon his inauguration, allowing investigation.

Q. What is the outlook for the prosecution's investigation?

A. Since it is a confirmed fact that half of Kim's salary was transferred to Myeong, the prosecution will likely focus on verifying the conflicting testimonies among Kang, Myeong, and Kim. However, investigating whether Myeong actually secured Kim's nomination through Kim Geonhee and whether this was in exchange for supporting President Yoon via polls during the presidential election is expected to be challenging. If the investigation confirms the First Lady's involvement in nomination interference, the repercussions would be significant and unpredictable.

Given the sensitivity involving the President, First Lady, and prominent ruling party figures, major investigation developments will likely be reported to the Supreme Prosecutors' Office in real time, with direct supervision by Prosecutor General Sim Woojeong expected. The Yongsan Presidential Office is also likely to receive ongoing reports on the investigation from the Supreme Prosecutors' Office or the Minister of Justice through Kim Juhyun, the Senior Secretary for Civil Affairs, and may influence the overall investigation direction and intensity. However, it is uncertain what explosive evidence might emerge from Myeong's undisclosed recordings or Telegram conversations, which remains a variable.

If the investigation or Kang and Myeong's revelations raise suspicions of connections with other politicians who benefited from Myeong's polling assistance, the investigation could expand.

Q. Is there a possibility of appointing a special prosecutor?

A. The Democratic Party introduced a third special prosecutor bill against Kim Geonhee on the 17th. This bill adds allegations of illegal polling and election fraud during the 20th presidential election and primary process through Myeong, as well as accusations of state affairs manipulation by Kim, her associates, and the presidential office assigning state duties to civilians without legal grounds, to the eight existing investigation targets including the Deutsche Motors stock manipulation and luxury bag bribery allegations.

The Democratic Party is considering submitting and voting on the special prosecutor bill in the National Assembly plenary session on the 14th of next month, one day before the first trial verdict for party leader Lee Jae-myung's Public Official Election Act violation case. The 14th is also the scheduled date for the first trial verdict on Lee's wife Kim Hyekyung's Public Official Election Act violation charges. The party has a contingency plan to override a presidential veto on the bill on the 28th of the same month. Additionally, the first trial verdict for Lee's perjury charge is scheduled for the 25th.

On the 26th, the National Innovation Party held a "Prosecution Dissolution and Impeachment Declaration Rally for President Yoon Seokyeol" in Seocho-dong, Seoul. Party leader Jo Guk stated, "Yoon Seokyeol and Kim Geonhee listened not to the people's voices but to Cheongong and Myeong Taegyun. The people have already psychologically impeached the regime. The National Innovation Party will push for the resignation of the Yoon-Kim joint regime and the impeachment of President Yoon."

With the prosecution repeatedly dismissing allegations of luxury bag bribery and Deutsche Motors stock manipulation against Kim Geonhee, distrust in the prosecution is widespread. Amidst the sharp confrontation between President Yoon and People Power Party leader Han Donghoon over Kim Geonhee-related issues, growing public criticism of Kim, and the prosecution's hesitance to thoroughly investigate this sensitive case, calls for a special prosecutor are expected to intensify more than ever.