Reviewing Possible Application of "Obstruction of Official Duties by Fraudulent Means"
in Connection with the Jongmyo Tea Gathering
The special prosecutor team led by Min Jungki, which is investigating allegations related to First Lady Kim Keonhee, is reportedly considering applying the charge of "obstruction of official duties by fraudulent means" in connection with the "Jongmyo Tea Gathering." The suspicion is that Kim may have caused a private meeting to be mistaken for a major event equivalent to a "head of state visit," thereby potentially interfering with the administration of the agency responsible for managing Jongmyo.
According to legal sources on September 11, the special prosecutor team is focusing its investigative efforts on determining how Kim, who is not a public official, was able to use Mangmyoru at Jongmyo-a site not open to the general public-on September 3 last year, which was a scheduled closure day.
Specifically, the investigation is centered on clarifying how Kim obtained permission from the Royal Palaces and Tombs Center, which operates under the Cultural Heritage Administration, through the Presidential Office.
The Royal Palaces and Tombs Center is responsible for managing major palaces such as Gyeongbokgung and Changdeokgung, the royal tombs of the Joseon Dynasty, and Jongmyo. Access to Jongmyo also requires the approval of the head of the Royal Palaces and Tombs Center. However, according to Article 34 of the Visitor Regulations, permission is deemed granted for "accompanying events such as head of state visits." At the time, it was determined that the Royal Palaces and Tombs Center granted permission for Kim's visit after being notified of her schedule, in accordance with this regulation.
In a legal inquiry sent externally in December last year, the Royal Palaces and Tombs Center stated, "There was an urgent request from the Presidential Office (Office of the Secretary for Culture and Sports) for cooperation regarding the event venue, and we determined it to be a Presidential Office event." The inquiry continued, "If it is judged that the event hosted by Kim, who is not a head of state, does not fall under the exception and that the relevant approval regulations were not followed, would the official who granted permission be subject to punishment?"
Lee Jaepil, head of the Royal Palaces and Tombs Center, stated during a National Assembly Culture, Sports and Tourism Committee hearing in December last year, "Even when they came to us for work coordination, there was no official event name; they simply referred to it as the 'Kim Keonhee Tea Gathering.'" In other words, even during work discussions with the Royal Palaces and Tombs Center, the Presidential Office did not provide specific information about the nature of the event or who would be attending.
The special prosecutor team believes that if Kim intentionally concealed the nature of the event and used Mangmyoru through the Presidential Office, the charge of obstruction of official duties by fraudulent means could be applied. Under criminal law, this charge is established when a public official is misled or deceived into taking improper actions or making incorrect decisions, thereby specifically and practically interfering with the performance of official duties.
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