Travel Ban on Kim Geon-hee: Legal Background and Grounds for Application

The decision-making process for Kim Geon-hee's exit ban

On July 2, 2025, the Special Prosecutor's Team requested a travel ban on Kim Geon-hee from the Ministry of Justice, which was formally approved. This is a new measure initiated by the Special Prosecutor's Team independently, separate from the travel ban ordered by the Seoul Central District Prosecutor's Office in the past. This measure is evaluated not merely as an administrative procedure, but as a strategic decision to effectively carry out the upcoming forced investigations and summons. Kim Geon-hee is the spouse of the alleged coup leader Yoon Seok-yeol, and she is a public figure closely tied to the core of power. The travel ban on a person in such a position carries significant implications beyond criminal procedures, particularly in terms of restoring judicial integrity and public trust. Currently, the Special Prosecutor's Team has identified Kim Geon-hee as a suspect and is conducting parallel and thorough investigations into various charges.

Key allegations under investigation by the special prosecutor

The special investigation team led by Min Jung-ki is currently investigating 16 charges surrounding Kim Kun-hee. Most of these issues have already been raised through reports from civic groups, media coverage, and inquiries from the National Assembly, and the special investigation team is reconstructing them from an integrative perspective to determine legal responsibilities under independent judgment. The most critical issue is the Deutsche Motors stock manipulation case. The key point is whether Kim Kun-hee was directly involved in past market manipulation, and the case has entered a new phase with some co-conspirators already sentenced to prison in the first trial. The second issue is the allegations of involvement in the presidential election nomination process. Claims that Kim Kun-hee interfered in the election campaign and nomination process of specific individuals are directly connected to the abuse of power by the president's spouse. The third issue is the suspicion of receiving luxury sponsorships and making false explanations. This matter, referred to as the 'Chanel bag controversy,' involves receiving expensive luxury items along with presidential office staff and evidence has emerged indicating a systematic cover-up or minimization of this action. This is assessed as a potential violation of the Kim Young-ran Act and a serious breach of public ethics standards. Additional major investigation items include allegations of quid pro quo for sponsorship with Kobana Contents, personal misuse of corporate cards, false career claims and degree/plagiarism issues, the mobilization of presidential office staff for personal work, and allegations of online community image manipulation. The special investigation team is distributing these multi-layered charges among four special prosecutors for parallel investigation, and considering the seriousness of the matters and their social impact, the investigation is likely to be prolonged.

What is a travel ban?

Exit bans are administrative and judicial measures implemented in accordance with the Immigration Control Act and its enforcement regulations. This system restricts the departure of citizens or foreigners for a certain period to ensure the effectiveness of investigations and trials. Generally, exit bans are applied in the following cases. First, individuals who are under criminal trial or investigation. This applies when there is a risk that a person suspected of a crime might evade trial or destroy evidence. Second, individuals who have unpaid fines, surcharges, or taxes of significant amounts. For example, if a person has overdue fines of 10 million won, surcharges of 20 million won, or national taxes exceeding 50 million won, their departure may be restricted. Third, individuals who have not fulfilled military obligations or have refused to pay child support. If a person does not comply with a court order, the decision for an exit ban is made after review by the Ministry of Gender Equality and Family. Fourth, individuals who have forged passports or pose a threat to national security. This includes unlawful acts that disrupt immigration order or have diplomatic and security risks. Fifth, individuals who may harm public safety, economic order, or national interests. This is a comprehensive judgment area, and it can be applied considering social controversies or international repercussions. Exit bans are measures that restrict the freedom of residence and movement guaranteed by the constitution, but they operate as an inevitable exception for the effectiveness of criminal justice and public interest.

Kim Geon-hee's travel ban, legal legitimacy and social context

Kim Geon-hee is currently an official subject of investigation by the special prosecution, and several allegations fall under criminal law. In particular, the Deutsche Motors case has already seen partial guilty verdicts from the court, and the possibility of Kim Geon-hee's involvement is moving beyond mere suspicion to become a legitimate subject of judicial scrutiny. Furthermore, as the spouse of the suspect in a coup d'état, Yoon Seok-yeol, he is a figure who significantly influences public opinion both domestically and internationally. If such an individual were to flee the country or escape during the investigation process, it could undermine not only the public's trust in the judiciary but also the legitimacy of the constitutional order. Accordingly, Kim Geon-hee can be considered as someone who falls under Article 12, Paragraph 1, Item 7 of the Enforcement Decree of the Immigration Control Act, which states, "persons who may harm the interests of the Republic of Korea or public safety." Therefore, this travel ban is not merely a political interpretation or a response to public opinion, but a legitimate measure based on current laws and judicial procedures. The investigative agency requested the travel ban based on legal grounds, and the Ministry of Justice formally approved it. This action aligns with the objectives of preventing the escape of the subject under investigation, securing evidence, and ensuring the effectiveness of the investigation, functioning as a legitimate exception to the restriction of fundamental rights.

Conclusion: Significance of Kim Kun-hee's Exit Ban

The decision to impose a travel ban on Kim Geon-hee is a legal determination made at the intersection of the Immigration Control Act and the Criminal Procedure Act. This intervention is a minimal measure to uphold the principles of investigative independence and the rule of law, regardless of his political status or symbolism. Judicial justice should not be swayed by the fluctuations of power, and the travel ban is the first step in maintaining that justice. The special investigation into the suspect in the insurrection, Yoon Seok-yeol, and his surrounding power is a response to the mandate of the Constitution to realize justice guaranteed to the people.