Parole Imposes Resident and Overseas Travel Restrictions
Active Management Participation Difficult
Pardon Is President's Exclusive Authority, Cheong Advocates Caution
Ruling and Opposition Parties Lean Toward Parole
[Asia Economy reporters Ryu Jeong-min, Naju-seok, Geum Bo-ryeong] Public opinion consistently shows in various surveys that a special pardon should be granted to guarantee the free management activities of Samsung Electronics Vice Chairman Lee Jae-yong. The issue lies in the method, which is divided between a special pardon and parole. In the political sphere, there are opinions that at least parole, which carries somewhat less political burden for the president, should be granted. However, in the Asia Economy public opinion survey, more than half of the people considered a special pardon to be the appropriate method rather than parole, drawing attention to President Moon Jae-in's decision.
While Vice Chairman Lee has been detained in a detention center for half a year, the business community has expressed the view that he should be given room to maneuver to make bold decisions in key industries such as semiconductors and displays. In other words, a special pardon aligns better with the purpose than parole. Parole only lifts the detention status, making it difficult to actively participate in frontline management. Under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Special Economic Crimes Punishment Act), probation, residence restrictions, and overseas travel bans are inevitable. On the other hand, a special pardon nullifies the effect of the sentence itself, so there are no restrictions on management activities. Vice Chairman Lee has met the formal requirements for parole. According to Ministry of Justice regulations, a person becomes eligible for parole after serving more than 60% of their sentence. However, for social leaders, stricter conditions are required, which is a variable.
The current atmosphere at the Blue House, which holds the decision-making power, emphasizes a ‘cautious approach’ regarding calls for a special pardon for Vice Chairman Lee. The Blue House is monitoring public opinion trends but no movements related to a special pardon have been detected so far. A Blue House official said on the 27th, "There are no stories or sensed atmospheres regarding (Lee’s pardon)."
The most recent time President Moon directly expressed his position on Vice Chairman Lee’s special pardon was during his 4th anniversary special speech on May 10. At that time, President Moon said, "It is a clear fact that we need to further enhance our competitiveness in the semiconductor industry." However, President Moon also mentioned fairness, precedents, and public consensus, stating that he would make a judgment after fully listening to public opinion.
The political sphere is not strongly demanding a special pardon considering public opinion. Instead, many opinions call for ‘at least parole.’ Nevertheless, the opposition seems to share a consensus that a special pardon is the appropriate method from an ‘economic reasons’ perspective. On the 19th, Lee Jun-seok, leader of the People Power Party, said in an interview with a media outlet, "A pardon is a matter for the president to decide," but added, "Vice Chairman Lee has already met the criteria for parole. If a pardon is difficult, there are other methods such as parole, as was done for other businesspeople." Former Prosecutor General Yoon Seok-youl, a presidential candidate from the opposition, also responded on the 29th of last month during his political participation declaration when asked about Lee’s pardon, "Since a significant portion of the sentence has passed, parole is being discussed," and said, "I think that will be carried out according to procedures."
The ruling party also shares the recognition that measures regarding Vice Chairman Lee are necessary. On the 20th, Song Young-gil, leader of the Democratic Party of Korea, visited Samsung Electronics’ Hwaseong plant and distinguished, "Parole is under the jurisdiction of the Minister of Justice, and a pardon is the authority of the Blue House and President Moon Jae-in," then said, "I believe they are considering various factors such as the demands of the semiconductor industry, public sentiment, and the fact that (Vice Chairman Lee) has served 60% of his sentence." Leader Song first mentioned the possibility of Lee’s parole in June. Gyeonggi Province Governor Lee Jae-myung opposes Lee’s pardon but shows an open attitude toward parole.
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