[Seocho-dong Legal Talk] "Son's Employment and 100 Million Won"... Mother Promised Donation to Construction Company Chairman

[Image source=Yonhap News]

"My son, who works for an airline, was working from home due to COVID-19, and as his mother, I was ignorant of the law and greedy. I am truly sorry."

In a courtroom on the 4th floor of the Seoul Central District Court, a woman in her 50s, Ms. A, recently sobbed these words. She is accused of promising "100 million won in cash" and "employment for her son" in exchange for donating a liver to the chairman of a domestic construction company.

It is reported that Ms. A learned in February while overhearing a friend's phone call in a taxi that the construction company chairman was looking for a liver donor. According to the prosecution, the company president had asked B (53, male) and C (53, male), who were company employees and childhood neighborhood friends, to find someone to donate a liver for his father, the chairman, who was ill and needed a liver transplant, promising to pay a price. The person on the phone in the taxi was B's sister-in-law.

In court, Ms. A stated, "I don't drink or smoke, so I was the first to bring up whether I could be a donor, and the conversation started with laughter," adding, "The joke was distorted, and my greed led to talks about employment and money. Later, I spoke separately with B on the phone and heard, 'If everything goes well, your wishes can be granted as you want.'"

The process began in earnest. On March 7, under B's guidance, Ms. A pretended to be the chairman's daughter-in-law at a hospital in Gangnam-gu, Seoul. Since a non-relative must prove no involvement in organ trading to donate an organ, Ms. A underwent tests to confirm suitability and received approval for organ transplant recipient selection from the National Organ and Tissue Blood Management Agency.

She was admitted to the hospital for the transplant surgery on March 30, but the schedule was postponed after she tested positive for COVID-19 the next day. During this process, the fact that she had pretended to be the daughter-in-law was exposed, and the surgery was canceled. The chairman passed away several months later.

Current laws, including the Organ Transplant Act, prohibit promising or giving organs to others in exchange for compensation, as well as instigating, mediating, or aiding such acts. The prosecution indicted Ms. A and others for violating the Organ Transplant Act. The prosecution believes that B promised the president to receive a total of 150 million won, including money to be given to Ms. A. C was also indicted for aiding organ trading-related acts by assisting Ms. A's hospitalization process and advising on surgical procedures.

When asked by the prosecutor whether she had received a prior promise of compensation for the liver transplant, Ms. A said, "It was my greed that if the surgery succeeded, my son could get a job. I also became greedy because they said they would give money as well." When asked about her plans for the 100 million won, she stated, "I intended to use it for real estate." She added, "After the surgery failed and I visited the hospital, I did not demand even 10 won."

Ms. A tearfully said, "I did not even know it was illegal. I will live in remorse, feeling ashamed of what I did." C's side also pleaded, "We are deeply remorseful. Since it was about the father (chairman) of a friend we had known since childhood, we tried to help without expecting anything in return." The prosecutor requested the court to sentence Ms. A to a fine of 10 million won and C to six months in prison.

According to the court on the 8th, the Criminal Division 25-1 of the Seoul Central District Court (Presiding Judge Park Jeong-gil) plans to conclude the defense proceedings for B and proceed with sentencing for the defendants.