Kim Geon-hee's Side: "Despite Psychiatric Medication Affecting Memory, Special Prosecutor Repeatedly Asked the Same Questions"

Anti-Graft Act Violation Case Involving Kim Ki-hyun

"Had to Plead for Protection from the Presiding Judge"

Yoo Jeonghwa, the attorney representing Mrs. Kim Geon-hee, claimed that the special prosecutor repeatedly asked the same questions despite Mrs. Kim explaining that she could not recall details because she was taking psychiatric medication.

First Lady Kim Geonhee is attending the first trial sentencing hearing for the charge of bribery under the Act on the Aggravated Punishment for Specific Crimes held on June 26 at the Seoul Central District Court in Seocho-gu. Photo by Yonhap News.

On the 11th, attorney Yoo Jeonghwa posted on her social networking service (SNS) about the court proceedings of the Criminal Agreement Division 22 (Chief Judge Cho Hyung-woo) at the Seoul Central District Court, where Mrs. Kim appeared as a witness the previous day in the trial regarding an alleged violation of the Anti-Graft Act by National Assemblyman Kim Ki-hyun and his spouse.

Previously, when the special prosecutor pointed out it was "unusual" that Mrs. Kim could not remember how she received a luxury bag worth 2.67 million won, Mrs. Kim countered, "Prosecutor, have you investigated all previous First Ladies like this? You only investigated me, right? So how can you say it's unusual?" This led to heated exchanges between Mrs. Kim and the special prosecutor. There were also further disputes with the court.

Regarding this, attorney Yoo stated, "Although Mrs. Kim repeatedly said she could not remember, the special prosecutor changed the wording but asked the same type of questions over and over," adding, "The parts the special prosecutor failed to prove should not be attributed to the witness’s 'lack of memory,' nor should the court become a bystander in this process."

She continued, "In a criminal trial, the burden of proof lies with the investigative authorities, and filling in gaps left by witnesses’ lack of memory with speculation does not constitute proof," and further criticized, "The presiding judge should guarantee the prosecutor's right to question while also ensuring that repetitive, speculative, or coercive questions do not distort the testimony."

She went on to say, "Mrs. Kim had to repeatedly tell the judge that she was taking psychiatric medication that impairs memory and even had to beg for protection from pressure during testimony (litigation guidance)," adding, "The right to refuse to testify is not only granted when an indictment is confirmed, but is a system to determine whether the answer could potentially lead to prosecution or punishment for oneself or relatives."

Attorney Yoo also stated, "The court should reflect on treating such risks too lightly and being reluctant to recognize the right to refuse testimony," arguing, "Now, in Korean courts, it is not evidence that determines the conclusion, but evidence and testimony are adjusted to fit pre-determined conclusions."

She further lamented, "The Seoul Central District Court, once known as the citadel of strict legal principles, no longer exists."

Meanwhile, Assemblyman Kim and his spouse were indicted on charges of providing Mrs. Kim with a Roger Vivier clutch bag worth 2.67 million won after the People's Power Party leadership election in March 2023. The special prosecutor suspects that the bag was given as compensation for support during the party election. However, Assemblyman Kim's side acknowledged giving the bag as a gift but denied any solicitation or quid pro quo, disputing the charges.

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