Kang Sun-woo, co-defendant to be released Sunday as pretrial detention expires

Independent Rep. Kang Sun-woo and former Seoul city council member Kim Kyung, who are on trial on charges of exchanging 100 million won ($72,400) in nomination bribes ahead of the 2022 local elections, will be released Sunday when their pretrial detention expires. Both are expected to appear at their first-instance sentencing hearing, scheduled for Oct. 14, without being in custody.

According to legal sources, the detention of Kang and Kim, who are held at Seoul Detention Center in Uiwang, Gyeonggi Province, expires at midnight Sunday.

Under the current Code of Criminal Procedure, a defendant's pretrial detention at the first-instance trial stage may be extended twice — by two months each time — beyond an initial two-month period, capping the total at six months.

The two were indicted on March 27 after being detained on March 3, and their detention was extended twice — on April 29 and June 4 — exhausting the six-month statutory limit and making any further extension impossible. Both had separately applied for bail, but the detention period expired before the court ruled on either application.

Prosecutors on Monday filed additional charges against Kim under the Political Funds Act, alleging she gave Kang more than 130 million won in political donations on multiple occasions after the local elections. They also sought to consolidate the new case with the existing one and argued for continued detention.

The Seoul Central District Court's Criminal Division 1 rejected the consolidation request and decided to hear the new charges separately. The release of both defendants will proceed as scheduled.

Kang is accused of receiving a shopping bag containing 100 million won in cash from Kim at a hotel in Yongsan-gu, Seoul, in January 2022 — ahead of the 8th nationwide simultaneous local elections — in exchange for securing Kim's nomination as a Seoul city council candidate. The charges include violations of the Political Funds Act and the Anti-Graft Act, as well as breach of trust. Kang, who at the time served on the Democratic Party of Korea's nomination management committee for Seoul city council candidates in her constituency of Gangseo-gu, secured Kim an uncontested nomination, and Kim went on to win the seat.

At the closing arguments hearing Wednesday, prosecutors sought four years in prison and a forfeiture of 100 million won for Kang, and two years in prison for Kim. The court will deliver its first-instance verdict at 1:30 p.m. on Oct. 14. It will be the first time Kang has appeared in court in civilian clothes since her detention began.