[Asia Economy Reporter Kim Hyung-min] "Will President Moon Jae-in also face arrest and investigation by the prosecution after his retirement?"
A Japanese journalist recently asked this question during a phone call with our office. When asked again about the intent behind the question, he said, "There is a lot of interest in this in Japan as well," adding, "Former Presidents Lee Myung-bak and Park Geun-hye were investigated and arrested, sentenced to prison, and now either have received special pardons or are being considered for them."
Foreign media already seem to regard the 'President of the Republic of Korea' as a 'poisoned chalice.' The chilling question from the Japanese journalist reflects this sentiment. It is said that this is not limited to Japan alone. The position of the Korean president is an honorable one with full authority during their term, but after retirement, they face various allegations, prosecution investigations, and prison sentences. Later, when the administration changes, they are released through special pardons. This process has become almost an annual event, leaving an unpleasant image behind.
This image may become even more entrenched. President-elect Yoon Seok-youl is scheduled to meet with President Moon Jae-in at the Blue House on the 16th to discuss the transition and various pending issues. According to political and legal circles, he plans to propose a special pardon for former President Lee Myung-bak at this meeting.
The Yoon transition team states that the special pardon for the former president is necessary "for national unity," but public opinion seems to lean more toward opposition. There are two main reasons for opposing the pardon of the former president. First, he has served only three years in prison, which is less than one-third of his total sentence (17 years). Second, the charges of embezzling hundreds of billions of won and accepting bribes for personal gain are too serious to be easily forgiven.
Legal circles are divided, but opposition voices are somewhat stronger. The consensus is that "even if a pardon is granted, now is not the right time." A lawyer in Seocho-dong said, "It has not been long since former President Park Geun-hye was pardoned at the end of last year," adding, "It could give the impression of overusing the president's special pardon power and raise fairness issues compared to other inmates." The special pardon is an exclusive authority of the president, but if it does not gain public sympathy, there is a burden in carrying it out. Under the current atmosphere, the possibility of a special pardon for the former president is also low.
Nevertheless, it seems certain that President-elect Yoon will actively propose a special pardon for the former president before his inauguration. During a press conference in Daegu on December 30 last year, when the presidential campaign was in full swing, he said, "(The former president) should be released quickly," adding, "He is elderly and has served an important role as president. Considering national unity, it is appropriate to grant a pardon as a politics toward the future." It also appears that President-elect Yoon has long admired the former president. Some in political circles point out that many of his campaign pledges resemble those from the former president's administration. Furthermore, on October 17, 2019, during a National Assembly inspection of the Supreme Prosecutors' Office while serving as Prosecutor General, Yoon answered the question "Which government guaranteed prosecutorial neutrality?" with "The Lee Myung-bak administration."
There is also an analysis that President-elect Yoon wants to resolve the issue before his term because he feels burdened pardoning the former president during his tenure. This is because he was the one who investigated and prosecuted the former president. While serving as the head of the Seoul Central District Prosecutors' Office, Yoon oversaw the investigation into the former president's embezzlement of hundreds of billions of won from the auto parts company DAS and receiving large bribes from Samsung, which resulted in a confirmed sentence of 17 years in prison and a fine of 13 billion won. It is also evaluated that the fact that Yoon's close aides, such as Chief of Staff Jang Je-won, Representative Kwon Seong-dong, and Representative Yoon Han-hong, are all 'pro-Lee Myung-bak faction' members played a role.
Meanwhile, Kim Eun-hye, spokesperson for President-elect Yoon, explained during a briefing at the Yeouido party headquarters in Seoul on the morning of the same day, "President-elect Yoon has long held the view that he would request a pardon for former President Lee Myung-bak."
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