Attorney Kim Jungon Found Guilty in Past Case Retainer Corruption

[Asia Economy Reporter Baek Kyunghwan] Kim Jung-gon, a lawyer from the Lawyers for a Democratic Society who was prosecuted for taking on related cases after working in a government committee for investigating past incidents, has been confirmed guilty by the Supreme Court.

On the 14th, the Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) upheld the original sentence of one year imprisonment with two years probation for lawyer Kim, who was charged with violating the Attorney-at-Law Act and other offenses.

Kim was accused of serving as a standing member of the Truth and Reconciliation Commission for the Past from 2008 to 2010 and taking fees for handling derivative cases such as the fabricated espionage case involving fishermen who were abducted to the North and later returned. The current Attorney-at-Law Act prohibits lawyers from taking on lawsuits related to cases they handled in their official capacity as public officials or mediation committee members.

The first trial court sentenced Kim to 10 months imprisonment with two years probation. The court explained the sentencing by stating, "There is a high possibility of criticism as it undermines the fairness of the lawyer's duties," but also considered that "there is no evidence that the case was taken for the purpose of obtaining unfair benefits, and rather, it was taken at the request of victims' families or bereaved families who suffered human rights violations due to the improper exercise of public authority by state agencies, with the intention to help them."

However, the appellate court increased the sentence. Kim was sentenced to one year imprisonment with two years probation and ordered to pay a fine of approximately 130 million won. Notably, the appellate court found Kim guilty of violating the Act on the Prevention of Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission, a charge that the first trial court had acquitted him of. The court stated, "The defendant's crime damaged the public's trust in the lawyer's duties," but added, "Considering that he resigned from all related cases and helped victims of human rights violations, the sentence was determined accordingly."

The Supreme Court's ruling on this day was no different. The court ruled, "There is no error in the lower court's judgment that exceeds the limits of free evaluation of evidence or in the application of the law regarding the establishment of the crime of violating the Anti-Corruption and Civil Rights Commission Act and the calculation of the fine."

Meanwhile, Lee Myung-chun, another lawyer who took on cases related to the Past Incident Commission and was prosecuted, was fined 5 million won, while lawyers Kim Hyung-tae and Lee In-ram were acquitted due to the expiration of the statute of limitations.

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