Kim Hyekyung Appeals Election Law Violation Case to Supreme Court

"The 1.5 Million Won Fine in the Appellate Trial Is Unjust"

Kim Hyekyung, spouse of Lee Jaemyung, the Democratic Party presidential candidate who was indicted for violating the Public Official Election Act and sentenced to a fine of 1.5 million won in the first trial as well as in the appellate trial, has filed an appeal against the second-instance verdict.

According to the legal community on the 18th, Kim's side submitted a notice of appeal to the court on the 16th. Previously, the 3rd Criminal Division of the Suwon High Court (Presiding Judge Kim Jonggi) dismissed both the defendant's and the prosecutor's appeals and upheld the original verdict at the appellate sentencing hearing for Kim's alleged violation of the Public Official Election Act (provision of gifts) on the 12th. In the first trial, Kim was sentenced to a fine of 1.5 million won.

Kim Hyekyung, spouse of Lee Jae Myung, the Democratic Party presidential candidate who was indicted for violating the Public Official Election Act and sentenced to a fine in the first trial, is coming out after the appellate court sentencing hearing held on the 12th at Suwon High Court in Yeongtong District, Suwon City, Gyeonggi Province. Photo by Yonhap News

The appellate court stated, "This meal gathering was an occasion for the defendant to be introduced to spouses of influential political figures within the party in order to assist her husband Lee Jaemyung, which was beneficial to the defendant. Considering that the other attendees also seemed to expect that the defendant would pay for the meal, it can be concluded that the defendant acquiesced to or tolerated the payment being made by Bae, a private assistant, with the awareness that Bae would settle the bill."

The court further explained, "Considering the status and relationship between the defendant and Bae, the main duties performed by Bae while serving as a public official of Gyeonggi Province, the frequent use of the Gyeonggi Province corporate card for the defendant's personal errands, and Bae's involvement in the defendant's election-related gatherings, the original court's recognition of their collusion is justified. The sentencing decision of the original court cannot be seen as exceeding the reasonable bounds of its discretion."

Immediately after the verdict, Kim's side expressed their intention to appeal, stating that the ruling was "regrettable." The prosecution, which had sought a fine of 3 million won for Kim, has not yet submitted a notice of appeal regarding the appellate ruling.

Kim was indicted without detention on February 14 last year on charges of providing a meal worth 104,000 won using the Gyeonggi Province corporate card to a total of six people?including three spouses of current and former Democratic Party lawmakers, her driver, and an aide?at a restaurant in Seoul on August 2, 2021, when Lee Jaemyung was Governor of Gyeonggi Province. She was sentenced to a fine of 1.5 million won in the first trial.

At that time, Lee had already announced his candidacy for the Democratic Party's primary for the 20th presidential election, which was held in 2022. Under the Public Official Election Act, if Kim is finally convicted and receives a sentence of at least 1 million won in fines, she will lose her eligibility to run for office for five years and will be barred from election campaigning during that period. However, since it is unlikely that the verdict in this case will be finalized before the 21st presidential election scheduled for June 3 next month, it is expected that there will be no impact on Kim's election campaigning as the spouse of a presidential candidate.