Police Do Not Prosecute Kim Geon-hee's False Career Claims... Remaining Investigation to Conclude Soon
Forgery of Private Documents, Obstruction of Business Charges
7-Year Statute of Limitations Passed, No Punishment Possible
Reinvestigation Possible Depending on Prosecutors' Judgment
Bribery Allegations Against Reporter Also Not Prosecuted
7-Hour Recording Transcript to Be Completed Soon
[Asia Economy reporters Seongpil Cho, Sehee Jang, Gyumin Oh] It was confirmed on the 25th that the police investigating allegations of false career claims by Kim Geon-hee, wife of President Yoon Seok-yeol, have decided not to prosecute the case. Although there is a possibility of reinvestigation due to objections from the accusers, legal circles predict that it will be difficult for a different outcome to emerge.
According to comprehensive reporting by this outlet, the Anti-Corruption and Public Crime Investigation Unit of the Seoul Metropolitan Police Agency decided yesterday to dismiss the case against Mrs. Kim, who was accused of forgery of private documents and obstruction of business, citing "lack of prosecutorial jurisdiction." They concluded that the statute of limitations (7 years) for the charges of forgery of private documents, use of forged private documents, and obstruction of business under the Criminal Act has expired. Regardless of whether there was criminal conduct, they judged that prosecution is impossible, thus finding no practical benefit in continuing the investigation.
The police plan to hand over the non-prosecution decision and the investigation materials to the prosecution as early as next week. Based on this, the prosecution will review whether the police’s non-prosecution decision was illegal or unjust. If the prosecution finds the non-prosecution decision to be illegal or unjust, it can request the police to reinvestigate. Even if the accusers file objections against the police investigation results, the prosecution can request a reinvestigation. In such cases, the authority to conclude the investigation lies with the prosecution.
Legal experts believe that even if the prosecution requests a reinvestigation, the police investigation results are unlikely to change. The statute of limitations for the main charges of forgery of private documents, use of forged private documents, and obstruction of business is clearly expired. Mrs. Kim is accused of listing false or exaggerated career details and submitting forged career certificates while working as a part-time lecturer at Hallym Sacred Heart University in 2001, Seoil University in 2004, Suwon Women’s University in 2007, and Kookmin University in 2014. Considering the last submission to Kookmin University in 2014, the 7-year statute of limitations has passed, making prosecution impossible.
However, the fraud charges cited in the complaint by the accusers, including the Citizens’ Movement Headquarters for Reform of Private Schools and Eradication of Corruption and the Livelihood Economy Research Institute, present a slightly different issue. The statute of limitations for fraud under the Criminal Act is 10 years, which has not yet expired based on the submission date to Kookmin University. The accusers argue that Mrs. Kim’s actions meet the elements of fraud, including deception and delivery of property. If the prosecution accepts this claim in the future, a reinvestigation request will be inevitable.
With the police’s non-prosecution decision, Mrs. Kim will be somewhat freed from criminal charges for now, but she is unlikely to escape moral criticism. The police’s conclusion of "lack of prosecutorial jurisdiction" regarding the main charges of forgery of private documents does not mean "innocence." Mrs. Kim herself bowed her head at a public apology press conference in December last year, admitting, "I exaggerated and incorrectly stated my career to look good." A lawyer in Seocho-dong said, "Lack of prosecutorial jurisdiction due to expiration of the statute of limitations means the prosecution cannot file a lawsuit," adding, "From the investigation agency’s perspective, it is also a deferral of judgment on guilt."
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Besides the false career allegations, various other cases involving Mrs. Kim appear to be wrapping up one after another. Earlier, the police decided not to prosecute the allegation that Mrs. Kim attempted to bribe reporter Lee Myung-soo of the internet media Seoul Voice. The case in which she was accused as an accomplice in forging her mother’s bank account balance certificate was also dismissed by the police due to insufficient evidence. The investigation into the so-called "7-hour recording" related case is in its final stages. Since this case includes charges of violating the Public Official Election Act, the statute of limitations (September 9) is approaching.
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