Complaints are stacking up against Kim Seung-won, the nominee for justice minister, over allegations that he lobbied on behalf of a drug developer, raising questions over whether police will open a formal investigation. Prosecutors granted a suspended indictment in the case in December 2024, but legal experts say a suspended indictment is not a final court ruling, leaving room for a new probe based on fresh complaints or evidence.
The Seomin Livelihood Measures Committee, a conservative civic group, filed a complaint with the Seoul Metropolitan Police Agency on the 4th requesting an investigation into Kim on suspicion of violating the Political Funds Act, abuse of authority, violating the Improper Solicitation and Graft Act and accepting bribes through mediation, according to legal sources on the 6th.
Kim is alleged to have asked Kim Kang-lip, then head of the Ministry of Food and Drug Safety, to expedite approval of clinical trials for a COVID-19 treatment developed by Genencell in 2021, after receiving a request from the company's chief executive, surnamed Kang, through a broker surnamed Yang.
The civic group argued that Kim's request to the former drug safety chief to "take good care" of Genencell's clinical trial approval amounts to abuse of authority. It also said a fresh investigation is needed into allegations that Kim agreed to receive political donations in return for lobbying the drug safety ministry over the clinical trials.
Lee Jong-bae, a former Seoul city council member, earlier filed a complaint with police against both Kim and the former drug safety chief on suspicion of violating the Improper Solicitation and Graft Act, abuse of authority and dereliction of duty. With complaints over the drug lobbying allegations arriving in succession, the chances have grown that the case will return to investigators after the earlier suspended indictment by prosecutors.
Police plan to review the legal issues raised in the complaints and question the complainants before deciding whether to launch a formal investigation. One of the central questions is whether police can reinvestigate facts that prosecutors have already settled with a suspended indictment.
Legal experts say there are few legal obstacles to a fresh investigation, because a suspended indictment, unlike a final court ruling, is not subject to the principle of double jeopardy. If police uncover new evidence or facts that were not fully examined, they can refer the case to prosecutors, who could then reach a different conclusion from their earlier decision, the experts said.
Kim has denied the allegations. He asked only that the clinical trial process for a small domestic company not be unfairly delayed during the COVID-19 pandemic, his side said, adding that he did not request approval of the treatment, priority review, eased standards or the skipping of any procedures.
