Kim Bong-hyun's Alcohol Entertainment, the Biggest Issue is 'Job Relevance'
When Proving Actual Drinking Party, Lawyer A
Faces Charges of Aggravated Mediation for Specific Crimes
Prosecutors May Also Face Punishment Under Kim Young-ran Act
[Asia Economy reporters Seongpil Jo and Byeongdon Yoo] Lawyer A, who was identified by former Star Mobility chairman Kim Bong-hyun as having received a drinking entertainment, has consistently denied having any drinking gatherings with prosecutors since the allegations surfaced. He claims that the drinking gatherings were with lawyers who are former prosecutors, not current prosecutors. This claim is legally shielded by the issue of job relevance. In the legal community, whether these drinking gatherings are related to official duties is expected to be a key point in the upcoming investigation into lobbying allegations.
According to a compilation of reports on the 12th, the special investigation team for the Seoul Southern District Prosecutors' Office’s bribery and entertainment case (led by Kim Rak-hyun, head of the Criminal Division 6) is focusing its investigative efforts on pinpointing the dates of the drinking entertainments while considering the necessity of criminal charges against Lawyer A and others. If it is revealed that the drinking entertainment actually took place on the dates claimed by former chairman Kim, Lawyer A and others will inevitably be reclassified as suspects. In this case, Lawyer A would face charges including violation of the Act on the Aggravated Punishment of Specific Crimes (receiving bribes for mediation). The crime of receiving bribes for mediation under the Act on the Aggravated Punishment of Specific Crimes is established when a person who is not a public official but can exert influence like a public official mediates in the duties of a public official and receives money or valuables.
Former chairman Kim claims that in July last year, at a room salon in Cheongdam-dong, Seoul, he provided drinking entertainment worth about 10 million won to three current prosecutors along with former prosecutor Lawyer A. At the time of the drinking entertainment, Lawyer A said these were prosecutors who would later join the Lime investigation team, and in fact, one of them came as the head of the investigation team. This means that Lawyer A introduced prosecutors who would provide convenience if Kim were to be investigated for the Lime Asset Management scandal, and Kim provided drinking entertainment to them for the purpose of solicitation.
On the other hand, Lawyer A denies ever bringing current prosecutors to drinking gatherings with former chairman Kim. He argues that there is a gap of several months between the date of the drinking gathering and the start of the Lime investigation, making Kim’s claim that the entertainment was for the Lime investigation illogical. Although he is a former prosecutor who can exert influence like a public official, he says there is no legal basis for punishment because there was no mediation related to the duties of prosecutors.
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Current prosecutors identified as having received drinking entertainment may face other charges. If the drinking entertainment is true, bribery charges apply. However, since the prosecutors under suspicion are current public officials, they could be punished under the Kim Young-ran Act (Act on the Prohibition of Improper Solicitation and Graft) simply for receiving drinking entertainment, regardless of job relevance. A lawyer in Seocho-dong said, "The Kim Young-ran Act allows for issues to be raised if public officials receive money or valuables even without quid pro quo." It is known that these prosecutors denied the drinking entertainment allegations during the Ministry of Justice’s inspection. The investigation team summoned former chairman Kim, who is detained at Seoul Southern Detention Center, on the 11th to investigate specific dates and circumstances of the entertainment.
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