Key Points

Last week, special counsel Min Joong-ki's team said Seohee Construction officials submitted the Van Cleef & Arpels necklace and confessed to gifting the item to Kim right after her husband, former President Yoon Suk Yeol, was elected in March 2022, seeking a government job for the company chairman's son-in-law.

The son-in-law, a former prosecutor, was appointed as the chief of staff for then Prime Minister Han Duck-soo three months later, reports Yonhap news agency.

Kim has reportedly denied the allegation, arguing that the necklace she wore during a 2022 trip to Europe was not authentic.

Given the evidence, special prosecutors could press charges of bribery through mediation against Kim, considering that she did not hold any public office and did not have any authority to make any personnel appointments.

Under the law, bribery charges apply to people typically holding public office who provide a benefit in exchange for the bribe, compared with bribery through mediation, when a third party is involved to facilitate the transaction.

In order to apply bribery charges, special prosecutors would need to prove that Yoon himself accepted the necklace, placing Kim as an accomplice in the case.

A bribery conviction could lead to a term of 10 years or more if the bribe exceeds 100 million won (US$72,000), while bribery through mediation carries a penalty of up to five years in prison.

If Yoon were unaware of the transaction and only found out after it happened, it would be difficult to apply bribery charges even if he took part in the personnel appointment process.

Min's team, however, has yet to question Yoon, who has refused to cooperate with the investigation even after a court issued a detention warrant allowing special prosecutors to forcibly bring him in.

Kim is also currently under custody after a court issued a warrant to arrest her last week on charges of involvement in a stock manipulation scheme, meddling in candidate nominations for the 2022 parliamentary by-elections and 2024 general elections, and receiving luxury gifts from the Unification Church through a shaman in exchange for business favours.

She appeared for questioning on Thursday but exercised her right to remain silent on most of the charges raised against her.

- IANS