More Than 100 Million Won in Criminal Compensation for Kim Hakui
Supreme Court Acquittal After 14 Months of Detention
Kim Hakui, former Vice Minister of Justice, who was indicted on charges of accepting bribes from a businessman but was ultimately acquitted by the Supreme Court, will receive more than 100 million won in criminal compensation from the state.
According to the legal community on May 8, the Seoul High Court's Criminal Division 4-2 (Presiding Judges Kwon Hyukjung, Hwang Jingu, Ji Youngnan) announced in the official gazette that it had finalized a decision to award Kim 12,510,000 won as compensation for detention and 899,500 won as compensation for costs.
Criminal compensation is a system that provides compensation for damages related to the number of days of detention, attorney fees, transportation expenses, and other costs when a defendant is acquitted.
Kim was indicted in June 2019 on charges of receiving 43 million won from a construction businessman named Choi, who acted as a "sponsor" from 2000 to 2011, but was acquitted by the Supreme Court in August 2022 after five trials.
The first trial found him not guilty, but the second trial found that there was a quid pro quo and sentenced him to prison. However, the Supreme Court pointed out that "Choi's testimony in court, which was used as decisive evidence of guilt in the appellate trial, had changed," and overturned the verdict and remanded the case. The court stated that it must be proven that Choi did not change his testimony as a result of inducement or pressure during a "pre-interview" before the witness examination.
On remand, the court again acquitted Kim, and although prosecutors appealed, the Supreme Court upheld the acquittal.
During this process, Kim was detained following his indictment, released after the first trial's acquittal, detained again after the second trial's conviction, and released once more after the Supreme Court's remand decision, spending approximately 14 months in custody in total.
This case first came to public attention in March 2013, shortly after Kim was nominated as Vice Minister of Justice, when media reported on the so-called "villa sex entertainment video" allegations. The allegations of sexual entertainment sparked prolonged controversy, undergoing both a prosecutorial decision of non-indictment and a reinvestigation, but the Supreme Court ultimately finalized acquittals or dismissals either because the statute of limitations had expired or the charges could not be proven.
Meanwhile, a businessman surnamed Kim, who was indicted on charges of supplying North Korean-developed facial recognition software domestically and leaking military secrets but was ultimately acquitted, will also receive about 100 million won in criminal compensation. Kim was sentenced to four years in prison in the first trial, but this was overturned on appeal, and the Supreme Court finalized his acquittal in February of last year.
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