No Escape Cases with Electronic Bail... Why Is It Allowed for Imanhee but Not for Kimbonghyun?

[Asia Economy Reporters Seongpil Jo and Byeongdon Yoo] The bail hearing for former Star Mobility Chairman Kim Bong-hyun will be held on the 27th. Kim applied for electronic bail to the court on the 6th, requesting bail on the condition of attaching an electronic device. However, there are low expectations that the court will accept his electronic bail application. It is anticipated that his past record of fleeing will be used against him.

Former Star Mobility Chairman Kim Bong-hyun Photo by Yonhap News

Kim Bong-hyun: "Investigation is over... I want to stand trial without detention"

The bail hearing for Kim Bong-hyun will be held under the jurisdiction of the Criminal Division 13 of the Seoul Southern District Court (Presiding Judge Shin Hyuk-jae). This is the court handling the case of Kim, who was indicted while in custody on charges including violation of the Act on the Aggravated Punishment of Specific Economic Crimes (embezzlement, fraud, mediation) as the main figure in the Lime Asset Management scandal.

Kim expressed his intention to apply for electronic bail in letters from prison released to the media last month. In the first letter, he said, "I plan to request electronic bail," and in the second letter, he criticized, "If you make it but cannot use it, then what is the point of making it?"

At the bail hearing, Kim's side is expected to argue that the prosecution has sufficiently collected evidence through numerous searches and over 60 investigations, appealing for a trial without detention. They are also expected to emphasize that there is no flight risk due to the attachment of the electronic device. In a previous statement, he claimed, "The investigation is already over, and there is no possibility of evidence tampering," and urged, "If you have indicted me, please release my hands and feet."

Kang Ho-seong, Director of the Crime Prevention Policy Bureau at the Ministry of Justice, giving a briefing on the implementation of the "Electronic Device Attachment Conditional Bail (Electronic Bail)" system
[Image source=Yonhap News]

Electronic device allows real-time location tracking... No cases of flight

Electronic bail is a system implemented by the Ministry of Justice starting August 5, under which detainees are conditionally released with an electronic device attached. Similar to how sex offenders wear electronic anklets and are monitored by authorities, detainees wear a smartwatch-type electronic device on their wrist and are conditionally released to stand trial without detention.

In the bail procedure, which can be initiated by the court's own authority or at the request of the defendant or their lawyer, the defendant cannot choose whether to have electronic bail. However, the defendant can express a preference for electronic bail when applying for bail. The court considers the risk of flight and may reject the bail request or allow either general bail or electronic bail.

The Ministry of Justice conducted a pilot program over the past year with about 30 detained defendants to introduce electronic bail. They reported that there was not a single case of intentional violation of bail conditions. This indicates that the system effectively eliminates flight risks.

Lee Man-hee, President of Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony
[Image source=Yonhap News]

Lee Man-hee recently granted electronic bail... What about Kim Bong-hyun?

A representative case of electronic bail approval since its introduction is Lee Man-hee, chairman of Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony (Shincheonji), who was indicted on charges including violation of the Infectious Disease Control and Prevention Act in August and was released the day before yesterday. Lee applied for bail in September due to health reasons, and the court handling the case, the Criminal Division 11 of Suwon District Court (Presiding Judge Kim Mi-kyung), approved bail on the condition of attaching an electronic device.

Jeong Gyeong-sim, a professor at Dongyang University and spouse of former Minister of Justice Cho Kuk, requested similar bail in her trial in March. At that time, she said, "If bail is granted, I will wear an electronic anklet." However, since the electronic bail system had not yet been introduced, the court rejected her bail request, citing suspicions that she had attempted to tamper with evidence in the past.

The legal community generally believes that the possibility of bail being granted to Kim Bong-hyun is low. A lawyer in Seocho-dong said, "Courts usually issue detention warrants for suspects with a high risk of flight or evidence tampering," adding, "Since Kim has a history of fleeing, this principle is likely to apply." Kim disappeared before his pre-trial detention hearing in December last year and was on the run for five months before being caught by the police in April.

This content was produced with the assistance of AI translation services.