President Yoon Suk Yeol waves alongside his wife Kim Keon Hee as they disembark from the presidential jet at Seoul Air Base in Seongnam, Gyeonggi Province, Sunday, following their visit to the Czech Republic. Yonhap

The controversy surrounding first lady Kim Keon Hee's acceptance of a Dior handbag is likely to continue to weigh heavily on President Yoon Suk Yeol, following an investigation review committee's recommendation to indict a pastor for violating the anti-graft law by offering the luxury item to Kim.

This decision, made on Tuesday night, contradicts an earlier recommendation by another review committee on Sept. 6, which had ruled Kim's acceptance was unrelated to the president's official duties and thus Kim should not be indicted.

These two contradictory recommendations concerning Korean American pastor Choi Jae-young and Kim, respectively, complicate matters for prosecutors, who had tentatively decided to cleare the first lady of the charges in August.

According to the Supreme Prosecutors' Office, the 15-member review committee, comprised of external legal experts, voted 8-7 in favor of indicting Choi for allegedly violating the anti-graft law.

Choi gifted the Dior handbag, valued at around 3 million won ($2,250), to Kim in September 2022 and secretly filmed the interaction using a hidden camera. The footage, published by a liberal YouTube news channel in November 2023, triggered a political scandal that continues to haunt the president.

The pastor claimed that he sought several favors of Kim in exchange for the handbag and other gifts. The favors included a request to secure the burial site of former Korean American U.S. House Representative Jay Chang Joon Kim at Seoul National Cemetery.

The committee on Tuesday did not provide further details on why it recommended an indictment for Choi. But its decision implies Choi violated the anti-graft law that bans offering of money or gifts to the spouse of a public official in relation to the official's duties — which further suggests Choi's offering of the bag and Kim's acceptance may be related to the president's official duties.

The committee's recommendation regarding Choi was prompted by the pastor's own request in which he argued that both he and Kim should be indicted under anti-graft laws. His request was made after another committee had recommended against indicting Kim on Sept. 6.

In August, the Seoul Central District Prosecutors' Office also decided to clear Kim of any charges after a four-month investigation, concluding that the gift was unrelated to her husband's official duties and therefore did not constitute bribery.

Pastor Choi Jae-young speaks to reporters upon arriving at Yeongdeungpo Police Station in Seoul, Wednesday, for questioning over allegations that he gave false testimony about first lady Kim Keon Hee during a parliamentary hearing in July. Yonhap

Based on the recommendations from the two committees, prosecutors are expected to make a final decision whether to indict Choi and Kim as early as this week. They would take into account the committees' recommendations, though they are not obligated to follow them.

The decision poses a dilemma, as either scenario would trigger significant political consequences.

If they choose to indict only the pastor, prosecutors will face the challenge of giving legal explanations on how the gift giver can be charged while the recipient, Kim, escapes indictment — a scenario likely to come under public scrutiny.

Moreover, indicting Kim would imply that the gift was linked to Yoon's official duties, potentially broadening the investigation to include the president himself.

On the other hand, if prosecutors choose not to charge Choi, they risk public backlash for appearing to neglect the committee's advice. The review committee system, established in 2018, was designed to enhance public trust in prosecutorial decisions and address concerns about excessive investigative and indictment power.

Failing to charge Choi would also intensify the political backlash against the presidential couple.

The opposition parties have been pushing for the launch of a special counsel to investigate the Dior bag scandal, accusing prosecutors of being too lenient toward Kim and her husband, a prosecutor-turned-president.

First lady Kim Keon Hee puts a hand over her heart during a luncheon with Korean athletes who participated in the Paris Summer Paralympics at Cheong Wa Dae in Seoul, Sept. 13. Yonhap

On Wednesday, the main opposition Democratic Party of Korea (DPK) pressured prosecutors to proceed with an indictment against Choi, warning that failure to do so would only escalate demands for a special counsel investigation.

"Following the committee's decision, the prosecution's flawed logic — that the luxury handbag exchange had no connection to official duties, and thus neither the giver nor the recipient are guilty — has now been proven wrong," DPK spokesperson Rep. Kang Yoo-jung said.

"Both Choi and the first lady should be indicted and held accountable under the law."

Choi himself also urged prosecutors to indict him.

"I called for the review committee, and yesterday's outcome fully realized my hopes. I urge the prosecution to respect the committee's decision and implement it properly," Choi told reporters.

He further called for additional investigations into Kim, as well as the president, for failing to officially report his wife's acceptance of the bag according to the anti-graft law.