Setting the Mood, Ruling Party Mentions 'Lee Jae-yong's Parole'... Opposition Party Focuses on 'Maintaining Composure'

Assemblyman Yoon Gun-young: "Parole, a Matter of Possibility"
Within the Ruling Party, Parole Decided by the Minister of Justice Is Seen as Less Politically Burdensome Than a Presidential Pardon
Lee Jae-yong Eligible for Parole in August
Encouraging Atmosphere Within the People Power Party
Careful Attention Also on Former Presidents' Pardons

[Image source=Yonhap News]

[Asia Economy Reporters Chae-eun Koo, Hyun-joo Lee] As President Moon Jae-in hinted at the possibility of pardoning Samsung Electronics Vice Chairman Lee Jae-yong, the Democratic Party of Korea is also shifting toward the view that ‘pardons and parole are inevitable.’ Earlier this year, pro-Moon lawmakers who had echoed the president’s stance by saying "this is not the time to talk about pardons" are now turning to a position that considers ‘cases that can be reviewed.’ However, there remains potential for debate within the party, as lawmakers including Lee Tan-hee, former Prime Minister and presidential candidate Chung Sye-kyun, and lawmaker Park Yong-jin have expressed opposition.

On the 3rd, Yoon Gun-young, a Democratic Party lawmaker who served as the Chief of the National Situation Room at the Blue House during the Moon administration, appeared on a radio show and said, "Any citizen of the Republic of Korea becomes eligible for parole once the legally prescribed period is reached, and it can be decided upon review," adding, "(Vice Chairman Lee Jae-yong’s parole) is one of the cases that can be considered." Yoon said, "(Parole) is a legal matter, so if the criteria are met, it can be reviewed."

Within the ruling party, there is a view that ‘parole,’ which is under the final authority of the Minister of Justice, carries less political burden than the ‘special pardon on Liberation Day,’ which is a presidential prerogative. Vice Chairman Lee will become eligible for parole in August when his incarceration rate exceeds 60%. Under current law, a pardon is defined in Article 79 of the Constitution as "a presidential act that exempts the execution of a sentence or nullifies the effect of a guilty verdict for certain criminals." It can be ordered by the president after deliberation by the State Council without the consent of the National Assembly. However, since the execution of the sentence is exempted and the effect of the sentence is nullified, there could be political backlash and controversy over ‘justice for the rich and injustice for the poor,’ and the value of fairness could be damaged.

On the other hand, parole is a system under Articles 72 and 73 of the Penal Code that conditionally releases prisoners before the completion of their sentence if they are recognized to have shown significant remorse or repentance during the execution of imprisonment or detention. For fixed-term sentences, parole candidates are reviewed by the Parole Review Board after one-third of the sentence has been served, and the Minister of Justice makes the final decision. Democratic Party lawmaker Jeon Jae-soo also said, "I felt that the president’s position has changed considerably," adding, "Public opinion polls show about 70% support for Vice Chairman Lee’s pardon. This statement reflects consideration of public opinion." Additionally, lawmaker Lee Kwang-jae, who has declared his presidential candidacy, and lawmaker Yang Hyang-ja, vice chair of the Semiconductor Special Committee, have also advocated for a ‘pardon.’

The People Power Party has adopted a cautious stance. As the pardon for Vice Chairman Lee has surfaced, the internal atmosphere is optimistic. Earlier in May, Kim Ki-hyun, acting party leader and floor leader of the People Power Party, visited a Samsung semiconductor plant and said, "This issue should be viewed more broadly as it relates to national development. It needs to be judged positively." However, the party has stated that it will wait carefully without issuing a welcoming statement until an actual pardon is granted.