Prosecutors Deeply Reviewing Precedents... Lee Jae-myung Targeted for 'Third-Party Bribery'

Lee Jae-myung, leader of the Democratic Party of Korea, is attending the Supreme Council meeting held at the National Assembly on the 9th and delivering opening remarks. Photo by Yoon Dong-joo doso7@

[Asia Economy Reporter Kim Hyung-min] According to the prosecution on the 13th, the Criminal Division 3 of the Seongnam Branch of the Suwon District Prosecutors' Office (Chief Prosecutor Yoo Min-jong) is reviewing materials recently secured through a search and seizure, while also diligently examining precedents related to the 'third-party bribery offense.'

This is aimed directly at the charges against Lee Jae-myung, leader of the Democratic Party of Korea. It is interpreted as preparation for the legal battles that are expected to intensify once the case goes to court. The Anti-Corruption and Economic Crime Investigation Unit of the Gyeonggi Nambu Provincial Police Agency forwarded Lee and others to the prosecution in September over the 'Seongnam FC sponsorship fund' case, expressing the opinion that the charge of third-party bribery against Lee is valid. The prosecution is reported to have reached a conclusion consistent with the police investigation through recent inquiries.

The third-party bribery offense is stipulated in Article 130 of the Korean Criminal Act. It states, "If a public official or arbitrator receives an improper request related to their duties and causes a third party to offer a bribe, or demands or promises such an offer, they shall be punished by imprisonment for up to five years or disqualification for up to ten years."

Lee is accused of third-party bribery for his role as the owner of Seongnam FC during his tenure as mayor of Seongnam. Between 2014 and 2016, he secured approximately 5.5 billion KRW in advertising sponsorship funds for Seongnam FC from Doosan Construction, and in return, in 2015, the Doosan Group’s hospital site in Jeongja-dong, Bundang-gu, was rezoned for commercial use. Seongnam FC is considered the third party, and Lee allegedly caused Seongnam FC, as the third party, to offer a bribe.

Opinions differ on whether this crime is established, but the prosecution is reportedly reviewing related precedents from multiple angles to ensure there are no issues with the legal theory they advocate. According to legal circles, representative precedents related to third-party bribery include former President Park Geun-hye’s 'state affairs manipulation' case, former Blue House Policy Chief Byun Yang-gyun, and former Fair Trade Commission Chairman Lee Nam-gi. In particular, regarding the state affairs manipulation case, the Supreme Court recognized the charge that Shin Dong-bin, chairman of Lotte Group, supported the K-Sports Foundation (a third party) with 7 billion KRW to secure the duty-free shop business at Lotte World Tower. From Shin’s perspective, supporting the K-Sports Foundation could have led to benefits for Lotte through the president’s influence. Accordingly, former President Park was sentenced to 15 years in prison for third-party bribery and related charges.

Considering these precedents, the legal community believes there is sufficient possibility that Lee’s third-party bribery charge could be recognized. The consensus is that even if the benefit goes to a third party and the accused does not gain a direct advantage, the charge can still be applied. However, there is also analysis that the court’s judgment could vary. If the bench interprets the third-party bribery offense narrowly and scrutinizes whether there was an 'improper request,' it is possible that Lee’s charges may not be upheld.

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