Former Director General Jang Jeong-seok (52) and former manager Kim Jong-kuk (52) of the Korea Professional Baseball KIA Tigers, who were dismissed for receiving substantial backdoor payments from a sponsor, were acquitted in the second trial as well.
According to Yonhap News, on the 29th, the Seoul High Court's Criminal Division 13 (Chief Judge Baek Gang-jin) gave former Director General Jang Jeong-seok and former manager Kim Jong-kuk the same not guilty verdict as in the first trial for charges of breach of trust.
A person surnamed Kim, who was charged with breach of trust for providing money and gifts while requesting to facilitate advertising contracts for the two, was also acquitted.
The prosecution indicted former Director General Jang and former manager Kim on charges of breach of trust last March. From a coffee company that sponsors KIA, manager Kim received 60 million won in July 2022 in return for facilitating player uniform badge advertising, and former Director General Jang received 100 million won in October for a request related to establishing a home run zone fence at the baseball stadium. The Seoul Central District Prosecutor's Office's Serious Crime Investigation Division believed the two accepted money and intervened in the sponsor selection process, leading to requests for arrest warrants on charges of breach of trust.
During the first trial held on May 3 last year, former Director General Jang and former manager Kim admitted to receiving money but stated that they had not engaged in any illegal requests. A person surnamed Kim claimed that the money was given as part of a fan support measure for KIA's players, arguing that there was no quid pro quo, and the court acknowledged this.
In the first trial on October 4 last year, the Seoul Central District Court acquitted all defendants, including former Director General Jang, former manager Kim, and a person surnamed Kim who was charged with breach of trust for providing backdoor payments. At that time, the court noted, 'While it is recognized that the situation deserves moral condemnation, this does not directly correlate with the establishment of guilt when it comes to criminal matters. Crimes are not established irrespective of moral reproach.'
The second trial also issued a not guilty verdict. The court observed that considering the expression of the money provided by the person surnamed Kim, the method of acceptance, and the circumstances, it is highly likely that the payments were made as encouragement for the KIA team. It could not be concluded that the person surnamed Kim personally handed money to former Director General Jang and former manager Kim for a request. Furthermore, the court pointed out, 'It is extremely questionable whether the actions of former Director General Jang and former manager Kim have any moral or legal justification,' while affirming that at least the original judgment of no criminal responsibility for breach of trust proposed by the prosecution is accepted in this appellate court.
Additionally, former Director General Jang was acquitted regarding his attempted breach of trust, where he demanded 200 million won three times, promising to secure at least 1.2 billion won in contract money for catcher Park Dong-won (LG). The court found that there was no agreement regarding their request based on recordings between the two.
In March 2023, following Park Dong-won's revelation, the request for backdoor payments came to light, leading to former Director General Jang's dismissal from KIA. Former manager Kim also received a suspension from the team while being investigated by the prosecution just before leaving for spring camp in January last year and had to step down the next day due to termination of his contract.
The backdoor payment allegations that had stirred up the KBO League were ruled not guilty in both the first and second trials. While former Director General Jang and former manager Kim are legally free from charges, a return to professional baseball is expected to be difficult. Although former Director General Jang's actions fell short of an attempt, it is true that he demanded backdoor payments from players, and former manager Kim improperly took encouragement funds intended for the team. They escaped legal punishment but significantly damaged the integrity of the baseball community and cannot avoid moral reproach.
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