Supreme Court Grand Bench to Jointly Review Geonhee Kim Allegation and Insurrection Cases on 29th
Whether Free Poll Services Constitute a Violation of the Political Funds Act
Focused Review on the Scope of the Charge of Carrying Out a Major Insurrectionary Task
The Supreme Court Grand Bench has decided to conduct a joint review of the major allegation case involving Mrs. Geonhee Kim, as well as the appeals for former Prime Minister Han Ducksoo and former Minister of the Interior and Safety Lee Sangmin, who face charges of insurrection.
On September 22, the Supreme Court announced that it will hold a Grand Bench hearing on the 29th to deliberate on Mrs. Kim’s case, which includes charges of violating the Capital Market Act, and the insurrection-related case involving former Prime Minister Han and former Minister Lee. The Supreme Court Grand Bench is a panel in which the Chief Justice and all justices participate to deliver a final judgment on critical cases where the smaller benches have conflicting opinions or a unified legal interpretation and potential change in precedent is required due to significant social impact.
Mrs. Kim Keon-hee, who has been indicted on charges of 'Maegwan Magic,' is attending the second trial sentencing hearing for charges of mediation under the Specific Crimes Aggravated Punishment Act at the Seoul Central District Court in Seocho-gu, Seoul, on the 26th. Yonhap News
View original imageThe key issue in Mrs. Kim’s case revolves around whether the commissioning and provision of the “Myung Taegyun opinion poll,” as alleged, constitutes a political fund donation prohibited under the Political Funds Act. Previously, former President Yoon Suk Yeol and Mrs. Kim were indicted for allegedly receiving a total of 58 public opinion poll services worth about 270 million won from Mr. Myung free of charge between June 2021 and March 2022.
Mrs. Kim was found not guilty on these charges in both the first and second trials. However, in the first trial of former President Yoon, the court deemed part of the free services to be guilty, sentencing Yoon to two years in prison and acknowledging joint culpability with Mrs. Kim, resulting in inconsistent lower court rulings. Following a request for postponement and referral to the Grand Bench by the special prosecutor's team, the Supreme Court has now commenced a full-scale review after about two months.
In addition, in the case of former Prime Minister Han and former Minister Lee, who were indicted on insurrection charges related to the 12·3 Martial Law, the central issue is the interpretation and scope of “the crime of carrying out a major insurrectionary task.” Former Prime Minister Han was sentenced to 15 years in prison in the second trial for shaping the appearance of a Cabinet meeting declaring martial law, while former Minister Lee was sentenced to 9 years in prison in the second trial for ordering the blockade of major institutions. Both have appealed the decisions.
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The Supreme Court explained the background for the joint hearing, stating, “The insurrection case involving former Prime Minister Han Ducksoo and former Minister Lee Sangmin is of enormous public interest and requires judicial evaluation from a historical perspective. Since the defendants are charged as co-conspirators, a joint review is necessary.”
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