[Fact Check] Has There Been No Christmas Special Envoy Since 2000?

Christmas amnesty issued in 1992 during the Roh Tae-woo government
Since 2000, New Year's amnesty used instead of Christmas amnesty

[Asia Economy Reporter Ryu Jeong-min] Alongside the movie 'Gwangbokjeol Special Pardon,' the special pardon (teuksa) familiar to the public is the Christmas special pardon. In fact, every year as Christmas (December 25) approaches, political circles are abuzz with speculation surrounding special pardons. Since the Christmas special pardon emerges as a key issue keyword from early December, it is natural that the public feels familiar with it.

Has the Christmas special pardon really been carried out as frequently as the public perceives? The Christmas special pardon dates back 30 years to 1992. On December 24, 1992, near the end of the Roh Tae-woo administration, a Christmas special pardon was granted to Jeon Gyeong-hwan, who was involved in the 5th Republic corruption case. Im Soo-kyung and Father Moon Kyu-hyun, who were imprisoned due to illegal entry into North Korea, were also included in the Christmas special pardon.

Past administrations often issued special pardons as the year-end approached. This is why the public formed the equation 'year-end special pardon = Christmas special pardon.'

[Image source=Yonhap News]

However, there are not many cases where the government officially issued a Christmas special pardon. Compared to the Liberation Day (August 15) special pardon or the Buddha’s Birthday special pardon, Christmas special pardons are significantly fewer. Especially since the millennium year 2000, there has not been a single Christmas special pardon. This contrasts with the public’s memory.

There have been cases where special pardons were announced around Christmas. In fact, on December 24 last year, the Ministry of Justice announced a special pardon. Former President Park Geun-hye was among the recipients. However, that pardon was not a Christmas special pardon but the '2022 New Year Special Pardon.'

The Ministry of Justice announced, "Ahead of the New Year 2022, on December 31, 2021, the government will grant special pardons to 3,094 people, including small and medium business owners, small merchants, livelihood-related criminal offenders, specially considered prisoners, former presidents, key figures, election offenders, and social conflict offenders."

Since 2000, former presidents Kim Dae-jung, Roh Moo-hyun, Lee Myung-bak, Park Geun-hye, and Moon Jae-in have adopted the New Year special pardon format instead of Christmas special pardons. Since 2000, special pardons have often been issued on Liberation Day, but there has never been a Christmas special pardon.

[Image source=Yonhap News]

This is not unrelated to political calculations. Presidential pardons differ conceptually from parole by the Ministry of Justice. Based on Article 9 of the Pardon Act, "Special pardons, sentence reductions, and reinstatements for specific persons are carried out by the president," it is a highly political act of governance. However, if the president abuses the pardon power, it undermines the foundation of law, so there is considerable political burden.

The Presidential Office (formerly the Blue House) has utilized the pardon power in a way that offsets political burdens while maximizing political effects. Adopting the New Year special pardon format rather than Christmas is politically more effective and less burdensome.

The Christmas special pardon carries the burden of being tied to a specific religious holiday. This creates the obligation to issue pardons on other religious holidays as well. The proximity of Christmas and New Year’s also naturally led to adopting the New Year special pardon format.

This year, special pardons are again the focus of attention at year-end. President Yoon Seok-yeol is expected to grant a special pardon including former President Lee Myung-bak at the end of the year. The format is likely to be a New Year special pardon rather than a Christmas special pardon.

With the regular Cabinet meeting scheduled for the 27th, it is gaining traction that the special pardon announcement will be made on that day after going through the related procedures. If a special pardon is granted, it is expected to include politicians from both ruling and opposition parties.