The cases of independent lawmaker Kang Sun-woo and former Seoul City Council member Kim Kyung, who face allegations of nomination-for-donations, have moved into the "securing custody" phase. However, because Kang is an incumbent lawmaker and holds immunity from arrest, whether the case proceeds to a court review will likely depend on the National Assembly.
The Seoul Central District Prosecutors' Office said on the 9th that it requested arrest warrants from the Seoul Central District Court for Kang and the former city council member Kim on charges including violations of the Political Funds Act and breach of trust bribery. It came four days after police sought arrest warrants for them. Prosecutors said they requested the warrants because "after closely reviewing the collected evidence, the crimes are serious and there is a risk of flight and evidence destruction."
Kang and the former city council member Kim are suspected of exchanging 100 million won at a hotel in Yongsan in Jan. 2022, ahead of the local elections, in return for a nomination. Investigators believe that Kang then strongly argued within the Democratic Party of Korea nomination management committee that the former city council member Kim should be nominated as the Seoul Gangseo District city council candidate, and that Kim ended up being the sole nominee.
Their statements diverged. While the former city council member Kim admitted to the charges during the investigation, Kang denied them, saying the lawmaker "did receive a shopping bag but did not know it contained money." With key parties' statements contradicting each other, police reportedly sought warrants, judging it necessary to secure custody and sort out the evidentiary relationships.
The investigation picked up after the release of a "conversation recording." Allegations grew and the probe accelerated when, late last year, a recording of a conversation between lawmaker Kim Byung-kee and Kang was released in which Kim mentioned to the effect that since Kang had received 100 million won from the former city council member Kim, a nomination should be given. Controversy over the course of the investigation continued as the former city council member Kim suddenly left for the United States and Kang was questioned only after being expelled from the Democratic Party.
The warrant requests mark the first attempt to secure custody of the case's main suspects. The former city council member Kim is expected to undergo a pre-arrest suspect questioning (warrant validity review) in court this week. Kang, by contrast, still faces a variable because of the status as a sitting National Assembly member. Because lawmakers cannot be arrested or detained during an Assembly session without its consent, a warrant validity review for Kang can proceed only if the motion to arrest is approved at a plenary session. After a second round of questioning on the 3rd, Kang did not answer a question about "whether to maintain immunity from arrest."