Roh Tae-woo, the First Former President in Constitutional History to Be Detained... Fully Paid 260 Billion Won in Additional Fines

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Former President Roh Tae-woo, who passed away on the 26th, remains the first former president in our constitutional history to be indicted while in custody.

According to the legal community, after stepping down from the presidency, he was investigated by the civil government’s investigative agencies over the 'slush fund case.'

The turmoil over the slush fund case escalated, and on November 16, 1995, former President Roh was detained at Seoul Detention Center in Uiwang-si, Gyeonggi-do. This was the first time for a former president. Subsequently, the prosecution indicted him on December 5, 1995. This indictment was also a first for a former president.

At that time, the Central Investigation Department of the Supreme Prosecutors' Office investigated former President Roh’s slush fund case and found that he had received a total of about 280 billion won from representatives of 35 companies, applying bribery charges under the Act on the Aggravated Punishment of Specific Crimes.

Later, the prosecution investigated the 12.12 Incident and the May 18 Gwangju Uprising, and on December 21 of the same year, indicted former President Chun Doo-hwan, while also additionally indicting former President Roh. Roh was charged with participation in rebellion conspiracy and performing important duties related to the rebellion.

Former President Roh stood alongside former President Chun in Courtroom 417 of the Seoul District Court (the predecessor of the Seoul Central District Court). In court, Roh argued, "History can be subject to evaluation, but it cannot be subject to judgment."

The prosecution sought a life sentence for former President Roh and requested the court to impose the death penalty, the highest sentence, on former President Chun, who was identified as the ringleader of the rebellion.

However, the first trial at the Seoul District Court sentenced former President Roh to 22 years and 6 months in prison, which was the maximum fixed-term imprisonment legally possible at the time. In the second trial at the Seoul High Court, his sentence was reduced to 17 years, and this ruling was finalized by the Supreme Court in April 1997.

Later, former President Roh was released in December 1997, about eight months after the verdict was finalized, through a special pardon by then-President Kim Young-sam, along with former President Chun. However, the privileges accorded to former presidents were revoked.

Sixteen years after the pardon was granted, former President Roh fully paid the confiscation amount of about 262.8 billion won. His father-in-law, Shin Myung-soo, former chairman of the Shindongbang Group, paid 8 billion won, and his younger brother, Jae-woo, paid about 15 billion won on his behalf.