Park Geun-hye Retrial on Remand Begins Today

Merged Trial on State Affairs Manipulation and Special Activity Funds
First Afternoon Hearing... Sentence Expected to Increase
Park Expected to Be Absent from Court Again

Former President Park Geun-hye.

[Asia Economy Reporter Seongpil Cho] The retrial of former President Park Geun-hye begins today (the 15th). There is a high possibility that the sentence she previously received will be increased. Given the clear intent of the Supreme Court's remand, a final conclusion is expected to be reached soon.

The Seoul High Court Criminal Division 6 (Chief Judge Oh Seok-jun) will hold the first hearing of the retrial this afternoon for former President Park, who was indicted on charges including violation of the Act on the Aggravated Punishment of Specific Crimes (bribery). The court plans to consolidate the retrials of the state affairs manipulation case and the National Intelligence Service (NIS) special activity funds case and then determine the sentence.

Looking at each case separately, in the state affairs manipulation case, former President Park is accused of coercing large corporations, including Choi Seo-won (formerly Choi Soon-sil), to donate to the Mir and K-Sports foundations, and receiving bribes in the form of equestrian support for Jung Yoo-ra from Samsung. There are also allegations that she intervened in candidate nominations to give preferential treatment to 'pro-Park' figures during the 20th general election. In August last year, the Supreme Court remanded the case with the intent that, according to the principles stipulated in the Public Official Election Act, bribery crimes committed by a president during their term should be sentenced separately. Previously, former President Park was sentenced to 25 years in prison and fined 20 billion won in the second trial for the state affairs manipulation case.

The special activity funds case involves allegations that former President Park received over 3.6 billion won in special activity funds from former NIS directors Nam Jae-joon and Lee Byung-gi from May 2013 to September of the following year. In November last year, the Supreme Court remanded the case with the intent that the charge of embezzlement of state funds, which was acquitted in the lower court, be re-examined on the grounds that the NIS director qualifies as an accounting officer. Former President Park was sentenced to 5 years in prison and fined 2.7 billion won in the second trial for the special activity funds case.

It is widely expected that the sentences for both cases will likely increase. However, the consolidation of the state affairs manipulation case and the NIS special activity funds case is expected to work in favor of former President Park. Since the Supreme Court's remand intent is clear, the appellate trial is not expected to take a long time. However, it is highly likely that the trial will proceed in absentia without the defendant. Former President Park has refused to attend any trials since the state affairs manipulation trial in October 2017. She was hospitalized at Seoul St. Mary's Hospital in September last year for shoulder surgery but returned to Seoul Detention Center in December of the same year and continues to serve her sentence.