Kim Keon Hee's detention set to expire in two weeks as Supreme Court sentencing date remains unset

The detention of Kim Keon Hee, wife of former President Yoon Suk Yeol, is set to expire in just over two weeks — yet the Supreme Court's full bench has yet to schedule a sentencing date in her case, raising the prospect that she could be released before a final ruling is handed down.

Whether Kim remains in custody will hinge on two factors: whether the Supreme Court's full bench delivers its verdict before her detention expires, and whether the special prosecutor investigating her separately seeks and obtains a new arrest warrant to keep her detained. Both developments are being closely watched.

According to the special prosecutor's office, the detention period covering Kim's charges related to the Deutsch Motors share-price manipulation, alleged receipt of gifts from the Unification Church, and the free receipt of polling data from political broker Myung Tae-kyun expires Oct. 31. If no final ruling is issued in that case this month and no additional arrest warrant is granted in a separate case, Kim will be released and stand trial without being detained.

Under Article 92 of the Criminal Procedure Act, a defendant's detention period is set at a basic two months and may be renewed by court decision up to twice per instance, in two-month increments, when necessary. At the appellate level, however, up to three renewals are permitted when additional hearings are unavoidable — for example, to examine evidence requested by the defendant or defense counsel, or to allow supplementary written arguments.

In practice, this means the maximum detention period at the first-instance level is six months, while at the second and third instance it is eight months each. Kim's case, now before the Supreme Court's full bench, is approaching that eight-month ceiling.

The Supreme Court's Second Division, presided over by Justice Park Young-jae, originally handled the appeal. A sentencing date was first set for July 16, then pushed back to July 24, before the case was referred to the full bench the day before that scheduled date — delaying proceedings once more. The full bench held its first session on Sept. 29 and is scheduled to hold a second session on Friday. No sentencing date has been set.

The central legal question is whether political broker Myung Tae-kyun's provision of polling results to Kim's camp free of charge constitutes a political fund contribution under the Political Funds Act — and how that act should be applied to such a transaction.

The first-instance court convicted Kim in January on only a portion of the Unification Church gift-receipt charges, sentencing her to one year and eight months in prison. The second-instance court found her guilty on all of the Unification Church charges and part of the Deutsch Motors share-price manipulation charges, handing down a heavier sentence of four years in prison and a fine of 50 million won ($37,400). Both courts acquitted her on the charge related to the free receipt of Myung's polling data.

The full bench — chaired by the Chief Justice and comprising all Supreme Court justices except the court administrator — must go through a deliberation process to align its views. If the justices are sharply divided on legal interpretation, proceedings could drag on further. Some observers say it may prove difficult to reach a conclusion before the detention period expires.

If the full bench does not issue its ruling before Oct. 31, the question of whether a new arrest warrant is granted in a separate criminal case against Kim becomes the deciding factor in her custody status. The Supreme Court's Second Division, again with Justice Park Young-jae as the presiding justice, is currently hearing a case in which Kim is accused of intervening in public appointments and receiving money in return — allegations commonly referred to as the "selling of offices."

The special prosecutor's office is considering requesting an additional arrest warrant for Kim in connection with that case. If a warrant is issued in the separate proceeding, Kim could remain in detention even after her current detention period expires.