Supreme Court Overturns 'Solicitation Column' Former Chief Editor Song Hee-young's Not Guilty Verdict... Partial Guilty Intent (Comprehensive)

Charges Against Former Daewoo Shipbuilding & Marine Engineering President Nam Sang-tae
Second Trial's Complete Acquittal Overturned and Remanded
Implicit 'Unlawful Solicitation' Deemed Recognized

The Supreme Court overturned the full acquittal in the second trial of Song Hee-young, former editor-in-chief of Chosun Ilbo, who was prosecuted on charges of receiving money and entertainment from Park Soo-hwan, former CEO of News Communication, and others in exchange for writing columns and editorials favorable to Daewoo Shipbuilding & Marine Engineering.

The Supreme Court ruled that when Song received an eight-night, nine-day luxury European trip from Nam Sang-tae, former president of Daewoo Shipbuilding & Marine Engineering, there was at least an implicit request for favorable public opinion formation, and that Song was aware of this and accepted such hospitality.

Song Hee-young, former chief editor of Chosun Ilbo, and Park Soo-hwan, former CEO of News Communication (CG)

On the 12th, the Supreme Court's First Division (Presiding Justice Kim Seon-su) overturned the original acquittal verdict for Song, who was charged with breach of trust, and Park, who was charged with mediation of breach of trust, and remanded the case to the Seoul High Court. The prosecutor's appeal against Park was dismissed, confirming the acquittal in the second trial.

Song was charged with receiving a total of approximately 40 million won in cash and checks, 9.4 million won worth of gift certificates, and golf entertainment from Park between 2007 and 2015 as payment for article requests.

He was also accused of publishing columns and editorials favorable to former president Nam and, in return, taking an overseas business trip from September 1 to September 9, 2011, costing about 39 million won. During the eight-night, nine-day European trip, Song received airfare, accommodation, meals, a chartered plane, and a luxury yacht.

At that time, Song reportedly enjoyed a luxury yacht arranged by Daewoo Shipbuilding & Marine Engineering in Naples, Italy, and traveled by chartered plane to Santorini, Greece, enjoying an ultra-luxurious trip. Earlier, Nam testified as a witness in the first trial, stating, "I specially and sincerely hosted Song, then head of the editorial office and editorial chief of Chosun Ilbo, who was a great support to me and Daewoo Shipbuilding & Marine Engineering."

Additionally, Song was accused of receiving 12 million won in cash and gift certificates and 5 million won worth of golf entertainment from Ko Jae-ho, former president of Daewoo Shipbuilding & Marine Engineering, between 2012 and 2015, and of calling Ahn Jong-beom, then senior secretary for economic affairs at the Blue House, to his office in February 2015 to request Ko's reappointment.

Park, who operated a public relations agency, was charged with making improper requests to Song, then editorial chief or editor-in-chief of Chosun Ilbo's editorial office, from June 2010 to July 2015, asking for the publication of articles reflecting his clients' positions and related media coverage, and in return, from early 2007 to around May 2015, providing a total of approximately 49.74 million won in property or economic benefits over 12 occasions.

On this day, the Supreme Court judged Song guilty of breach of trust related to former president Nam among several charges.

Previously, the second trial court acquitted Song, stating, "There is insufficient evidence to recognize that former president Nam requested the publication of individual editorials or columns favorable to Daewoo Shipbuilding & Marine Engineering, and even if Nam provided property benefits with a vague expectation of receiving help in forming favorable public opinion, it is difficult to evaluate this as an explicit or implicit request for a specific or concrete task related to the issue."

The Supreme Court panel first cited precedent, stating, "In breach of trust crimes, 'improper request' refers to a request that violates social norms and the principle of good faith. In judging this, one must comprehensively consider the content of the request, the type, amount, and form of property or economic benefits acquired in relation to it, the method and manner of providing the economic benefits, and the integrity of the transaction protecting legal interests. The request does not have to be explicit; it can be implicit."

Then, the court stated, "Considering the defendant's position, the relationship between former president Nam and the defendant, the degree of property benefits given, and the situation of Daewoo Shipbuilding & Marine Engineering at the time, it must be recognized that former president Nam made an implicit request to the defendant for favorable public opinion formation, and the defendant, knowing this was in return for such a request, received about 39.73 million won worth of European travel expenses."

Furthermore, the court judged, "Moreover, the defendant's acceptance of a large economic benefit from former president Nam while receiving a request for favorable public opinion formation regarding Daewoo Shipbuilding & Marine Engineering constitutes an 'improper request.'"

In the first trial, the court sentenced Song to one year in prison with a two-year probation and ordered the confiscation of 1,474,150 won, stating that his collusion with Park to write articles requested by Park's clients damaged social trust in the media. Park was sentenced to six months in prison with a one-year probation.

However, the second trial court overturned the first trial's ruling and acquitted both.

The second trial court judged Song, saying, "As a journalist, the defendant meets various people and should form healthy public opinion. It can be seen as meeting clients in this process, and it is difficult to view this as an implicit request for business."

It added, "Looking at the column content, the defendant expressed views not only favorable to Daewoo Shipbuilding & Marine Engineering but also suggesting that public funds should not be used for insolvent companies and that public subscription by citizens is preferable. Such content was published several times, but there is no basis to consider it was written due to an improper request."

Regarding the charges that Song received overseas travel and golf entertainment from Park, the court said, "It is true that Song planned the European trip, and it seems quite inappropriate for a journalist to receive expenses and go on an overseas trip," but added, "However, it is difficult to consider these as improper requests beyond vague expectations."

It continued, "Considering the people involved in the golf events and their behavior, it is difficult to see a quid pro quo relationship," concluding, "It is difficult to recognize the improper request required for the establishment of breach of trust or mediation of breach of trust."

The court also stated regarding Park, "The defendant met clients and performed public relations work," and "It is difficult to see a constant collusive relationship between the two defendants."

However, the Supreme Court found problems with the second trial's judgment regarding Song's charges related to former president Nam.

A Supreme Court official said, "The lower court held that even if the defendant received a large amount of property benefits from former president Nam, breach of trust would not be established unless Nam made a specific and concrete request to the defendant. The Supreme Court overturned this part and remanded the case. Even if Nam did not make a specific and concrete request at the time, considering the defendant's position, the relationship with Nam, the situation of Daewoo Shipbuilding & Marine Engineering, and the degree of property benefits provided, the existence of an implicit request can be recognized. If the defendant received a large amount of property benefits as a reward for such a request, breach of trust is established," he explained.

He added, "Furthermore, the Supreme Court judged that, considering the fairness, objectivity, integrity, and incorruptibility of the press, it is against social norms and the principle of good faith for a journalist to receive economic benefits from a specific person or company while receiving requests for favorable public opinion formation, constituting an 'improper request.'"

Song, who graduated from Gwangju Jeil High School and Seoul National University with a degree in English Language and Literature, joined Chosun Ilbo in 1978 as part of the 15th public recruitment. He worked as a reporter in the social and economic departments, Japan correspondent, Washington bureau chief, and served as editor-in-chief from March 2005 to November 2006. He later served as head of the editorial office, editorial chief (director), and was editor-in-chief and publisher from January 2014 to August 2016. He also served as president of the Korea Newspaper Editors Association from February 2013 to February 2015.