Kim Bong-hyun's Biological Sister Has Arrest Warrant, Nephew Granted Immunity... Loopholes in Special Act on Relatives

If Directly Involved in Harboring a Criminal, No Punishment
Using a Third Party to Assist Excludes Special Cases
Prosecutors Missed Twice, Intensify Investigation

[Asia Economy Reporter Yoo Byung-don] As it has been three weeks since Kim Bong-hyun, the former chairman of Star Mobility and a key figure in the Lime Asset Management scandal, went missing, the prosecution is intensifying pressure to secure the custody of Kim’s elder sister (51, residing in the United States).

The Criminal Division 6 of the Seoul Southern District Prosecutors' Office (Chief Prosecutor Lee Jun-dong) requested the Ministry of Foreign Affairs to invalidate the passport of Kim’s elder sister, Kim, who is suspected of aiding and abetting a fugitive, on the 1st. This is interpreted as an additional measure to secure Kim’s custody following the arrest warrant issued the previous day.

The prosecution expects that once Kim returns to Korea, they will execute the arrest warrant and obtain clues to track down the whereabouts of former chairman Kim. Accordingly, the prosecution aims to invalidate Kim’s passport to block her citizenship review, as she is known to have been residing long-term in the U.S., working at hospitals and other places, attempting to acquire citizenship, thereby pressuring her to choose to return.

The prosecution’s approach toward Kim, the elder sister of former chairman Kim, contrasts with the case of the nephew who was directly involved in aiding the former chairman’s escape. At that time, the prosecution was unable to even arrest the nephew.

This is based on Article 151 of the Criminal Act concerning harboring a criminal and the special provisions for relatives. The article stipulates that “anyone who harbors or helps a person who has committed a crime punishable by a fine or more to escape shall be punished by imprisonment for up to three years or a fine of up to 5 million won,” but also provides an exception stating, “if a relative, head of household, or cohabiting family member harbors or helps the person to escape for their benefit, they shall not be punished.”

Accordingly, the nephew who directly participated in the escape of former chairman Kim is exempt from punishment under the special provisions for relatives, as the crime of harboring a criminal is established. However, Kim’s elder sister, who was not directly involved, is subject to punishment under the charge of aiding and abetting a fugitive. The prosecution believes that Kim connected former chairman Kim with entertainment agency official A, her boyfriend B, and former chairman Kim’s girlfriend Choi (31) via Telegram or KakaoTalk.

The prosecution’s application of the charge of aiding and abetting a fugitive to Kim and the intensification of the investigation appear to be aimed at pressuring the fugitive former chairman Kim. It is also analyzed as an effort to make up for the fact that former chairman Kim, who has already fled twice, had several arrest warrants rejected by the court.

A legal insider explained, “During the trial process, several requests for arrest warrants or bail cancellations against former chairman Kim were not accepted, which must have put the prosecution in a difficult position,” adding, “This investigation process reflects the prosecution’s intention to capture former chairman Kim by any means.”

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