Supreme Court assigns Kim Keon Hee appeal to Division 2; Justice Oh Kyung-mi leads
In short
South Korea's Supreme Court on 22 October assigned the appeal in Kim Keon Hee's so-called sale-of-posts case to its Division 2, with Justice Oh Kyung-mi as the lead justice. The lower courts sentenced her to 7 years at first instance and 5 years on appeal. Her detention in a separate case expires on 31 October.
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South Korea's Supreme Court on 22 October assigned the appeal in Kim Keon Hee's case under the Act on the Aggravated Punishment of Specific Crimes to its Division 2. Yonhap described the case as concerning the so-called sale of official posts. Justice Oh Kyung-mi is the lead justice. Newsis gave her age as 57 and said she belongs to the 25th class of the Judicial Research and Training Institute. Division 2 also includes Justices Kwon Young-jun, Park Young-jae and Kim Seong-su. [ 1 , 2 , 3 ]
Kyunghyang Shinmun said the case covers five allegations. Kim is accused of receiving jewellery worth a total of 103.8 million won from Seohui Construction chairman Lee Bong-gwan along with a request about a post for his eldest son-in-law, and a watch worth 39.9 million won from the businessman Seo Seong-bin along with a request for business support. She is also accused of receiving a painting worth 140 million won from former prosecutor Kim Sang-min along with a nomination request, and a golden turtle and a Sehando from former National Education Commission chair Lee Bae-yong along with an appointment request. A further charge concerns a Dior bag and other items worth a total of 5.4 million won from Pastor Choi Jae-young. Yonhap described Seo as a robot-dog businessman. [ 2 , 3 ]
The first-instance court found Kim guilty on all charges and sentenced her to 7 years in prison. According to Kyunghyang Shinmun, the appeal court overturned part of that, finding that the watch and a replica of the Sehando were hard to treat as payment for requests, and cut the term to 5 years. Yonhap said the appeal court found that the link to requests had not been proven for some charges, including the watch from the robot-dog businessman. [ 2 , 3 ]
Yonhap said the special counsel team led by Min Joong-ki submitted a request on 15 October asking the panel to issue a detention warrant of its own accord. Kyunghyang Shinmun said the filing asked for Kim's detention to be extended because the appeal was under way. Newsis said Justice Oh is expected soon to decide whether to issue such a warrant. [ 1 , 2 , 3 ]
Separately, Kim has been tried in custody in a case covering the Deutsch Motors stock manipulation, free polling from Myung Tae-kyun and receipt of valuables from the Unification Church. Her detention in that case expires on 31 October. Yonhap said its appeal ruling has been delayed because the Supreme Court referred the case to the full panel to examine the Myung polling allegation; the full panel held a first session in August and continued on 22 October, making a ruling before the expiry hard, Yonhap said. Kyunghyang Shinmun said that if no ruling comes before the detention ends, the panel in the other case must decide on extension. [ 2 , 3 ]
Why it matters
Outlets say the Division 2 panel may have to decide on Kim's detention if the Supreme Court has not ruled in her other case by 31 October. The special counsel team filed a request on the matter on 15 October.
Key facts
- The Supreme Court assigned the appeal in Kim Keon Hee's case under the Act on the Aggravated Punishment of Specific Crimes to Division 2 on 22 October. [ 2 , 3 ]
- Division 2 consists of Justices Oh Kyung-mi, Kwon Young-jun, Park Young-jae and Kim Seong-su; Oh is the lead justice. [ 2 , 3 ]
- The first-instance court found Kim guilty on all charges and sentenced her to 7 years in prison. [ 2 , 3 ]
- The appeal court acquitted her on some charges, including the watch from the businessman Seo, and cut the sentence to 5 years. [ 2 , 3 ]
- The special counsel team led by Min Joong-ki submitted a request on the case on 15 October. [ 2 , 3 ]
- Kim's detention in the Deutsch Motors, Myung Tae-kyun polling and Unification Church case expires on 31 October. [ 2 , 3 ]
Confirmed by several sources
- The Supreme Court assigned Kim Keon Hee's appeal to Division 2 on 22 October, with Justice Oh Kyung-mi as lead justice. [ 1 , 2 , 3 ]
- The case covers allegations that Kim received jewellery, a watch, Dior bags and other items in return for requests, including from Seohui Construction chairman Lee Bong-gwan, Pastor Choi Jae-young and former education commission head Lee Bae-yong. [ 2 , 3 ]
- The first-instance court sentenced Kim to 7 years on all charges; the appeal court acquitted her on part of the charges and cut the term to 5 years. [ 2 , 3 ]
- The special counsel team submitted a request on 15 October to the panel handling the case. [ 2 , 3 ]
- Kim's detention in the Deutsch Motors, Myung Tae-kyun polling and Unification Church case expires on 31 October. [ 2 , 3 ]
Still unclear
- Whether Division 2 will extend Kim's detention or issue a detention warrant of its own accord. Newsis says Justice Oh is expected soon to decide whether to issue a warrant of its own accord; Kyunghyang Shinmun says the panel must decide on extension if no ruling comes before detention ends; none reports a decision.
- How the special counsel's 15 October filing is described. Kyunghyang Shinmun says the team asked for Kim's detention to be extended; Yonhap says it asked the panel to issue a detention warrant of its own accord.
- When the Supreme Court will rule in the Deutsch Motors, Myung and Unification Church case. Yonhap says a ruling before the detention expires has become hard because the case went to the full panel; no ruling date is given.