Prosecutors have sent back a police request for an arrest warrant for independent lawmaker Kim Byung-ki, saying the case needs more investigation and that the necessity for detention has not been sufficiently demonstrated. The Seoul Central District Prosecutors' Office returned the request on September 11, four days after police applied for the warrant.

Prosecutors pointed to Kim's cooperation with the investigation, including seven summonses, and to the roughly five months that passed between his last questioning and the warrant application. They said those circumstances weakened the current argument that detention was necessary. The decision does not clear Kim of the allegations, and prosecutors also said some suspected offenses require additional evidence.

The warrant is not the case

The police investigation includes allegations that Kim provided favorable parliamentary assistance to a company in return for benefits connected to his second son, including employment, salary and university tuition. Investigators are also examining allegations involving his knowledge of a 100 million won nomination-payment case linked to former Democratic Party lawmaker Kang Sun-woo. Kim left the Democratic Party after the controversies intensified.

Why prosecutors sent it back

  • Seven summonses were completed before the warrant request
  • About five months had passed since Kim's last questioning
  • Prosecutors said some allegations still need stronger evidence

The procedural effect is important: police cannot take the present warrant request directly to court. They must first decide how to answer the prosecution's requests, strengthen the evidence where necessary and then determine whether to apply again. A renewed application remains possible, but it would have to address the deficiencies identified by prosecutors, particularly the case for detention rather than only the underlying suspected offenses.

That leaves the investigation active while delaying the detention decision. The next development to watch is whether police conduct additional searches, questioning or financial tracing and then resubmit a warrant. Until then, the prosecution's action is a demand for a stronger detention case, not a final judgment on Kim's criminal liability.