Kim Geon-hee Special Investigation, Military Prosecutors, Judiciary - The Collapsing Triangle of Fairness

I. Introduction: The Birth of the Special Prosecutor and Unusual Resistance

The special investigation into Kim Geon-hee is not merely a personal investigation into the spouse of the president. This case serves as a litmus test that glaringly reveals the structural problems within South Korea’s judicial system, political power, and prosecutorial power. Several months have passed since the launch of the special investigation, and what captures the public's attention is the reality of the court's repeated dismissals of warrants rather than the progress of the investigation. The search warrants, which have been rejected three times, indicate that the basic foundation for pursuing the investigation into 'butler' Kim Ye-seong, who has connections to Kim Geon-hee and is suspected of fleeing overseas, has not even been permitted. This raises suspicions that the judiciary may be aligning itself with political power beyond being merely a judgment body. Against this backdrop, discussions regarding the amendment of the special investigation law have emerged, and the necessity and justification for it are increasingly growing.

II. Kim Geon-hee's Obstruction of Special Investigations and the Cracks in the Judicial System

The personal corruption allegations against Kim Geon-hee are unlikely to escape investigation. In particular, the overseas escape of Kim Ye-seong, who is referred to as the asset manager, is not a simple case. Kim has managed the assets of the Kim Geon-hee family for over ten years and has been responsible for storing important communications and memos related to business operations. In the sudden situation of his departure, the special prosecutor applied for a search warrant to secure his asset transaction records and communication logs, which could be key evidence, in connection with President Yoon Seok-yeol's residence and related accounts. However, the Seoul Central District Court has rejected this request three times. An even more serious issue is the composition of the judges who rejected this warrant. All are from the Suwon District Court and were transferred to the Seoul Central District Court where they took on the role of warrant judges. They are all involved in trials related to Representative Lee Jae-myung and Kim Hye-kyung, having issued guilty verdicts. Their transfer and placement appear too coincidental, raising suspicions of interference by an 'invisible hand' through the judicial personnel system. This seriously undermines the independence of the judiciary and spreads the perception that the courts are colluding with power.

III. Military Prosecutor's Corruption and Colonel Park Jeong-hoon Case

Colonel Park Jeong-hoon has been prosecuted by the military prosecution on charges of 'insubordination' related to the death of Private Cha Sang-byeong. However, the case ultimately concluded with a verdict of not guilty. Attorney Kim Jeong-min stated, "The day will come when you will face the same fate," strongly criticizing the military prosecution's excessive investigation and unreasonable warrant requests. In fact, the military prosecution dismissed Colonel Park's claims by using the term "rage theory is delusional" in the arrest warrant, which was pointed out as an unprecedented expression even within the legal community. What is noteworthy in this case is the role of the military court. The military court accepted the request from Colonel Park's side to review call logs, revealing traces of communication with the presidential office. The phone number '800-7070' served as decisive evidence indicating a connection to the presidential office. This is why the military court is being evaluated as more objective and faithful to the law than civilian courts. Member of the National Assembly Yang Bu-nam argued that the military prosecution has degenerated into a tool of power like the regular prosecution and that the military judicial system should ultimately be fully transferred to civilian jurisdiction. The closed culture represented by the 'ROKA cartel' and the power-friendly military organizational culture violate democracy and the rule of law, making the need for reform increasingly clear.

IV. Who is the VIP - The Shadow of the Power Brokers and the President's Wife

President Yoon Suk-yeol's fury has officially been confirmed for the first time through former National Security 1st Deputy Director Kim Tae-hyo. He stated, 'It is true that there was cursing and anger,' becoming the first person among those present at the meeting to speak out. However, Kim Tae-hyo appeared before the special prosecutor as a 'suspect' rather than as a witness. The fact that someone cannot be a suspect simply by being a mere eyewitness suggests that he likely had a direct role in actions or directives. The core issue of the incident lies in the VIP text message. Various hypotheses have been proposed regarding the sender of the message asking, 'Why aren't the Marines listening?' Among them, the most prominent person suggested as the sender is First Lady Kim Geon-hee. Circumstantial evidence has emerged showing that an aide to Kim Geon-hee contacted the wife of Army Corps Commander Lim Seong-geun, increasing the likelihood that the First Lady, rather than the President, is at the center of the incident. The recorded statement by Marine Corps Commander Lee Jong-ho about saying 'I will talk to the VIP' lends weight to the inference that he was referring to Kim Geon-hee as the VIP. The reality that the President's spouse is positioning herself as a significant power-holder poses a serious issue that undermines the constitutional power structure. The indications of someone not appointed to a public office interfering in government affairs reflect the unofficial power structure of this administration.

V. Corporate Investment and Allegations of Collusion between Politics and Business

Representative Kim Seung-won raised suspicions that there may have been political pressure or civil complaints involved regarding Shinhan Bank's investment of 3 billion won in the BeMyCar IMS. Analyzing the investment structure, it appears that funds flowed through Oasis Equity, and a former KBS executive connected to the company Duzon Bizon has links to the presidential office. There are also signs that the major shareholder of Duzon Bizon sold a significant amount of shares following the change of administration, which some interpret as preparation for evasion. Amid rumors that BeMyCar is being considered as the fourth internet bank operator, doubts are spreading in the securities industry that Shinhan Bank might have sought business advantages through collusion with political circles. If such circumstances are true, it could escalate into a significant issue that goes beyond mere investment activities to involve collusion between politics and business and power-related corruption. A special investigation is absolutely necessary in this domain.

VI. The Accusation Case and the Shadow of Han Dong-hoon

The so-called "accusation-sending" incident, where the prosecution delivered materials to the then Future United Party requesting them to report figures from the ruling party ahead of the 2020 general election, is not disappearing. This incident, involving prosecutor Son Jun-seong, then chief prosecutor Han Dong-hoon, and then Prosecutor General Yoon Seok-youl, shows strong signs of false accusations, especially since the accuser stated, "I did not write it." The complaint was transferred to the Central District Prosecutor's Office just hours after being received by the Supreme Prosecutors' Office, bypassing an internal approval process that typically takes more than a day. This strongly suggests the possibility of a pre-planned operation. The Democratic Party assesses that this incident could directly affect the political life of former Minister Han Dong-hoon. The statute of limitations for the case in which President Yoon Seok-youl was sued for violation of the Public Official Election Act is August 3, 2025. If the investigation is not conducted by this date, the case will expire, and the decision on whether to carry out a special investigation becomes even more critical. If left to the Central District Prosecutor's Office, it will be difficult to avoid criticism of lacking the will to investigate, and legal interpretations and political will are needed for a special investigation to proceed.

VII. Conclusion: Special Investigation for Definition, Reconstruction of Justice

The incidents surrounding the special investigation into Kim Geon-hee cannot be reduced to simply an investigation of one individual. They symbolize a total crisis in the power structure of South Korea, intertwined with military prosecution corruption, organized crime within the prosecution's power, and the erosion of judicial independence. The Democratic Party's push for amendments to the special investigation law is not merely a strategy to broaden the scope of investigation. It embodies an effort to safeguard the special investigation as the last institutional device the citizens can rely on in a judicial system that is intertwined with political power. The judiciary must not undermine the independence granted by the constitution, and a court that kneels before power can never earn the trust of the public. Just as the role of military courts has been a case of upholding the rule of law, the judicial system must be restructured once again for justice. At a time when a transparent and independent system is urgently needed to prevent collusion between politics and business, power-based corruption, and political interference by the prosecution, the special investigation is the final bastion for preserving democracy, not just an investigation. Although the special investigation currently wields a sword, what lies before its blade is a 'shield of power' that is stronger than the truth. When we remove this shield and confront the truth, we can finally embark on the path of judicial justice.