A painting believed to be by artist Lee Ufan appeared in court on the 17th. An unusual scene unfolded as the two leading institutions in Korea that authenticate artworks faced off in court, saying "it is genuine" and "it is a forgery." The piece was delivered to the side of Kim Keon-hee by former prosecutor Kim Sang-min.
The Seoul High Court Criminal Division 6-2 (High Court Judges Park Jeong-je, Min Dal-gi and Kim Jong-woo) held a sentencing hearing that day for former prosecutor Kim, who is accused of violating the Improper Solicitation and Graft Act and the Political Funds Act.
The issue that day was whether the Lee Ufan work was genuine. The severity of punishment for former prosecutor Kim could be affected depending on its authenticity. Under the Improper Solicitation and Graft Act, a public official who receives, demands or promises money or valuables exceeding 1 million won at one time (300 million won annually) from the same person is subject to punishment. Some Lee Ufan works fetch tens of billions of won, but if it is a forgery, it is hard for it to be valued.
◇ The nails fixing the canvas are rusted… "Because it's humid" vs. "The canvas is clean, it feels off"
In court that day, "From point No. 800298," believed to be a painting by Lee Ufan, was presented. The special prosecutor seized and is holding the work. Because there was no easel to place the canvas on, the hearing proceeded with the piece set on a book stand. When the special prosecutor said it would place the work on the book stand, the bench appeared taken aback.
The special prosecutor's office maintains the work is genuine. It summoned as a witness an official from the Korea Art Authentication Research Center, which twice concluded it was "genuine" in appraisals in August–September last year. The center official said, "First, looking at the signature on the painting, the chroma is low, which is close to a genuine work," and added, "The canvas condition has a natural sense of age, and the color of the ground also carries the subtle tone that Lee Ufan pursues."
Former prosecutor Kim's side argued the piece is a forgery. It said the nails hammered in on the side to fix the canvas were artificially rusted. In response, the Korea Art Authentication Research Center official countered, "It appears to be the result of prolonged exposure to a humid environment."
The Korea Galleries Association, called as a witness by former prosecutor Kim's side, determined it was difficult to see the work as genuine. A representative of the Korea Galleries Association said, "The work was made in the 1980s, but since 1979, 'tackers' (staple guns) have been used instead of nails to secure canvases," and added, "Even if nails were used, if the nails rusted this much, the front canvas should also show damage, but it is instead clean, which feels off."
◇ Glass particle components detected… "Formed by high heat in the pigment" vs. "Would a world-class artist use low-grade supplies?"
High-magnification microscopic analysis of the work detected glass particle components, which are rare in Lee Ufan's pieces. During the police investigation into the "2016 large-scale Lee Ufan forgery case," Lee said, "I have never added glass powder as a material."
The sides also clashed over the glass particle components. The Korea Art Authentication Research Center said, "As we understand it, the pigments used in the work are fired at high temperatures like ceramics, then ground again into powder," and added, "If silica was included in this process, it is possible that glass components formed from the heat."
The official continued, "Lee Ufan personally told me that he could not procure materials and had to mix materials obtained in Korea, which lowered the quality," and added, "Because Lee resides in Japan and traveled back and forth between Korea, Germany and France, it could have been difficult to maintain consistency of materials."
By contrast, the Korea Galleries Association said, "There is no possibility that a world-class artist like Lee Ufan used low-grade supplies containing impurities, and we see no possibility that impurities entered from the working environment."
After the witness examination, the bench also inspected the work directly. The presiding judge asked, "Is the rust on the nails real?" and held the piece in hand for about a minute, turning it this way and that to check its condition.
Former prosecutor Kim is accused of violating the Improper Solicitation and Graft Act for buying "From point No. 800298," believed to be a Lee Ufan painting worth about 1.4 billion won, and delivering it to Kim's side in Feb. 2023 while soliciting nomination for the general election. Kim also faces a charge (violation of the Political Funds Act) of having election vehicle expense paid on Kim's behalf by a person surnamed Park, known as the "coin king," while preparing to run in the 2024 general election.
However, in the first trial, the court in February recognized only the charge of violating the Political Funds Act, sentencing former prosecutor Kim to six months in prison, suspended for one year, and ordering the forfeiture of a little over 41.39 million won.