Police seek arrest warrants for both Kang Sun-woo and Kim Kyung over alleged 100 million won nomination bribe

[Financial News] Police have begun procedures to secure the custody of independent lawmaker Kang Sun-woo and former Seoul Metropolitan Council member Kim Kyung, who are suspected of involvement in a "100 million won nomination bribe."
The Seoul Metropolitan Police Agency Public Crime Investigation Division announced that at around 9 a.m. on the 5th, it requested arrest warrants from the Seoul Central District Prosecutors' Office for Kang and Kim on charges including violations of the Political Funds Act, breach of trust (receiving benefits), breach of trust (giving benefits), and violations of the Improper Solicitation and Graft Act.
Kang, who is accused of receiving 100 million won as a nomination bribe, faces charges of violating the Political Funds Act, breach of trust (receiving benefits), and violating the Improper Solicitation and Graft Act. Kim, who is accused of providing the nomination bribe, has been booked on charges of violating the Political Funds Act, breach of trust (giving benefits), and violating the Improper Solicitation and Graft Act.
Police did not apply bribery charges in this warrant request. After reviewing precedent, they concluded that party nominations are an internal party decision rather than the performance of public duties, and therefore are more in the nature of "party affairs." On that basis, they chose to apply breach of trust (receiving and giving benefits), whose legal elements are relatively clearer, instead of bribery, which could be subject to legal dispute. However, they plan to reconsider whether to add bribery charges at the stage of referring the case to prosecutors, after further investigation and legal review.
Kang is suspected of receiving 100 million won from Kim in return for a party nomination ahead of the 2022 local elections. Kang admits that she received a shopping bag at the time, but maintains that she only learned there was money inside about three months later and returned it immediately.
Kim and Kang's former aide, identified only by the surname Nam, who was present at the time, are reported to have testified to the effect that Kang was aware of the existence of the money.
Police summoned Kang twice as a suspect, on the 20th of last month and the 3rd of this month, for questioning. Kim has also been summoned four times and questioned about how the money was delivered and the overall flow of funds. Nam was likewise questioned four times as a suspect, but was not included among those for whom arrest warrants were requested.
There is, however, a variable in whether Kang, who is a sitting Member of Parliament (MP), will actually be taken into custody. Under the Constitution, MPs cannot be arrested or detained during a parliamentary session without the consent of the National Assembly. During recent questioning, Kang did not state a clear position when asked whether she would waive her parliamentary privilege against arrest.
In Kim's case, there had been assessments that he had shown a cooperative attitude toward the investigation, but the police are said to have concluded that securing his custody is necessary when they decided to seek an arrest warrant.
Once a decision is made on whether to detain the two, police plan to continue investigating the structure through which the nomination bribe was delivered and the broader flow of related political funds.

425_sama@fnnews.com Reporter Choi Seung-han Reporter