"Donation activities carried out under tacit approval and consent"

Kim Hye-kyung, the spouse of Lee Jae-myung, a presidential candidate from the Democratic Party of Korea, has been found guilty again in the appellate court on charges of violating the Public Official Election Act.

The appellate court imposed a fine of 1.5 million won, the same as the first trial, and once again acknowledged Kim's violation of the prohibition on donation activities.

On the 12th, the Criminal Division 13 of the Suwon High Court (Presiding Judge Kim Jong-ki) ruled this in the sentencing hearing for Kim's Public Official Election Act violation case.

If the Supreme Court also upholds the ruling, Kim's conviction will be finalized, and she will be unable to run for public office in elections for the next five years.

"Corporate card used for lunch… Concerns about election fairness"

Kim was indicted for hosting a meal worth 104,000 won for three spouses of current and former Democratic Party lawmakers, her own aide, and a lawyer—six people in total—at a Chinese restaurant near Gwanghwamun in Seoul shortly after Lee Jae-myung announced his candidacy for the Democratic Party’s presidential primary on August 2, 2021.

It was revealed that the meal expenses were paid with a corporate card from Gyeonggi Province.

The prosecution determined that Kim had directed her private aide, Mr. Bae (a former special appointment public servant in Gyeonggi Province), to make the payment with the corporate card. Consequently, Kim was indicted in February of the previous year for violating the prohibition on donation activities under the Public Official Election Act.

During the trial, Kim completely denied the allegations, claiming, "Mr. Bae acted on his own accord, and I had no knowledge of it."

Court: "There exists responsibility for tacit approval and consent… Exoneration of Mr. Bae"

However, like the first trial, the second trial court also did not accept Kim's claims. In the ruling, the court stated, "The defendant completely denies the charges and shifts all responsibility to Mr. Bae," adding, "The donation activity occurred through Mr. Bae, who was a public servant at the time, and there is sufficient concern that this undermines the fairness and transparency of the election."

Moreover, the court concluded, "Donation activities were conducted under tacit approval or consent, and there existed a sequential and implicit agreement between the defendant and her aide." The court determined that even if Kim did not give direct orders, she was at least aware of the circumstances and bore responsibility for having tolerated such actions.

Image source: News1