(Source- 열린공감TV, January 24, 2021) It's still the 24th here EST, so I posted this in time. Great video on the Optimus Fund scandal and Prosecutor General Yoon's involvement in the coverup. Moon Jae-in's life long battle to reform the deep seated evils within the permanent beauracracy of the Korean government reveals that he is ultimately (just) a person. Happy 69th Moon Jae-in.
시사건건 also commented on the Optimus scandal today, giving the simple version of the story: Yoon's nolle prosse nothing to see here reports giving Optimus a clean bill of health cost government agencies with retirement funds and innocent investors victimized by the fraudulent scheme hundreds of millions in losses. How does Yoon Seok-yeol still have a job? According to both sources, it's a legacy of the tradition of corrupt personal networks (인맥) based upon school, region, profession and position. Loyalty is to one's colleagues and network of profitable relationships in deeply corrupt institutions (적폐기관) is the uppermost consideration, not society or the people. Prosecutors and judges look forward to the patronage of those in power rather than fulfilment of a public duty, or an ethical mandate. Financial and industrial elites are rewarded for patronizing these officials with protection from legal accountability for unlawful actions. Similarly, corrupt media conglomerates are protected by the corrupt judges and prosecutors (검언유착) for their assistance in concealing their own wrongdoing, and assisting in their resistance to reform.
Sunday, January 24, 2021
Tuesday, January 19, 2021
Samsung's Lee Jae-yong goes back to prison
Given the widespread accusations of overtly political motivation on the part of judges and prosecutors in South Korea to protect corrupt corporate leaders and right wing politicians while targeting politicians, government officials, and progressive activists on the left with questionable investigations, prosecutions, and heavy sentences, the timing was right to put Lee back in prison. The sentencing guidelines had called for a sentence as long as five years. The first trial had resulted in a sentence of five years. Lee's second trial resulted in a reduced sentence of two and a half years. (The execution of this sentence was suspended for four years! This is why Lee was released by the court!).* Having served a year in prison after the first trial years ago, Lee, in effect, is now looking at eighteen months further in prison.
*이재용 실형 2년6개월 판결한 재판부의 머릿속을 해부해보자 - 곰곰이라이브 하이라이트 20210119; https://www.youtube.com/watch?v=e_0p7EKNW9U
(updated 1.21.2021) According to this source the story is even more extraordinary. Under the facts found at the first trial, the mandatory minimum sentence for the 8 billion won in bribes paid by Lee to President Park's office was five years. When the trial was sent back by the Supreme Court, it took the view that the actual bribe and misappropriation by Lee was only 3 billion won, getting it below the 5 billion won threshold for a minimum mandatory prison term of five years for misuse of funds. The tortured reasoning was that 5 billion won of the 8 billion won spent for Choi Yu-ra's equestrian stable in Germany was a "sponsorship" reducing the misuse of company funds to 3 billion won. It was argued in mitigation that it was "hard to refuse" the monetary payments soliticited by the former President Park. Later, the Supreme Court upon review of the sentence at the second trial, found that there was insufficient evidence of mitigation to suspend the two and a half year sentence. The anticipated unfavorable public reaction to such a light treatment of Lee's offenses, described in critical commentary as a slap on the wrist, was a major factor in reinstating an actual prison term. It was observed in this critical report ( 곰곰이라이브 ) that a thief found guilty of stealing a bowl of ramen and goju (pepper) side dishes from a closed restaurant had received a three year prison term.
Other factors possibly considered included the deep seated desire of the right to pardon former presidents Park Geun-hye and Lee Myung Bak, which cannot take place as a practical political matter while the Samsung heir is a free man. If a new president is elected next April then the imprisoned former presidents Park Geun-hye, and Lee Myung-bak, would both in a better position to receive pardons, with Lee Jae-yong having served most of his sentence.
The administration of justice in South Korea is widely discredited among the general public and this decision contributes more fuel to the fire. Prosecutor General Yoon Seok-yeol and other leading political figures on the right wish to obstruct and discredit the pending reforms of the criminal justice system which will include investigating the activities of his office and its handling of multiple cases whether non prosecutions of right wing political figures and corporate chaebol, his own family's shady business dealings, or the patently political investigations and prosecutions of a number of political rivals on the left.
When the new Commission to Investigate Corruption by High Public Officials opens in the near future Yoon is expected to be one of its first targets. Consequently, Yoon has launched a series of prosecutorial counterattacks targeted against the administration, the Seoul Central District Prosecutor's Office, the Justice Ministry, South Korea's Nuclear Regulatory officials, and the Blue House itself. The power struggle is slowly playing out, while the Korean public continues to suffer from Yoon's continuing arbitrary assaults on the rule of law.
*이재용 실형 2년6개월 판결한 재판부의 머릿속을 해부해보자 - 곰곰이라이브 하이라이트 20210119; https://www.youtube.com/watch?v=e_0p7EKNW9U
(updated 1.21.2021) According to this source the story is even more extraordinary. Under the facts found at the first trial, the mandatory minimum sentence for the 8 billion won in bribes paid by Lee to President Park's office was five years. When the trial was sent back by the Supreme Court, it took the view that the actual bribe and misappropriation by Lee was only 3 billion won, getting it below the 5 billion won threshold for a minimum mandatory prison term of five years for misuse of funds. The tortured reasoning was that 5 billion won of the 8 billion won spent for Choi Yu-ra's equestrian stable in Germany was a "sponsorship" reducing the misuse of company funds to 3 billion won. It was argued in mitigation that it was "hard to refuse" the monetary payments soliticited by the former President Park. Later, the Supreme Court upon review of the sentence at the second trial, found that there was insufficient evidence of mitigation to suspend the two and a half year sentence. The anticipated unfavorable public reaction to such a light treatment of Lee's offenses, described in critical commentary as a slap on the wrist, was a major factor in reinstating an actual prison term. It was observed in this critical report ( 곰곰이라이브 ) that a thief found guilty of stealing a bowl of ramen and goju (pepper) side dishes from a closed restaurant had received a three year prison term.
Other factors possibly considered included the deep seated desire of the right to pardon former presidents Park Geun-hye and Lee Myung Bak, which cannot take place as a practical political matter while the Samsung heir is a free man. If a new president is elected next April then the imprisoned former presidents Park Geun-hye, and Lee Myung-bak, would both in a better position to receive pardons, with Lee Jae-yong having served most of his sentence.
The administration of justice in South Korea is widely discredited among the general public and this decision contributes more fuel to the fire. Prosecutor General Yoon Seok-yeol and other leading political figures on the right wish to obstruct and discredit the pending reforms of the criminal justice system which will include investigating the activities of his office and its handling of multiple cases whether non prosecutions of right wing political figures and corporate chaebol, his own family's shady business dealings, or the patently political investigations and prosecutions of a number of political rivals on the left.
When the new Commission to Investigate Corruption by High Public Officials opens in the near future Yoon is expected to be one of its first targets. Consequently, Yoon has launched a series of prosecutorial counterattacks targeted against the administration, the Seoul Central District Prosecutor's Office, the Justice Ministry, South Korea's Nuclear Regulatory officials, and the Blue House itself. The power struggle is slowly playing out, while the Korean public continues to suffer from Yoon's continuing arbitrary assaults on the rule of law.
Friday, January 8, 2021
Nuclear Contamination detected in underground water at Wolseong Nuclear Power site
(Image source: 포항MBC 화면 캡처)
On January 7, MBC Pohang reported that radiation is leaking at the Wolseong nuclear power site in South Korea. The Korea Hydro and Nuclear Power Co., Ltd. (KHNP) conducted an internal investigation last year, upon which the MBC report was said to be based. Underground water at ten locations on the nuclear power station site were examined. Radioactive tritium was detected in the water at all ten locations. The highest level detected was 713,000 becquerels, said to be 18 times the acceptable manageable level in a ground water sump underneath the Number 3 turbine building. The source of the radioactive leak has not been determined. It was also reported a level of 924 bequerels was detected 300 meters north of the restricted area around the nuclear reactors at the boundary of the Nuclear Power site. Independent experts have suggested that the deteriorating condition of concrete from facilities more than 20 years old as a possible source and a water barrier failure is suspected. The reported findings were described as "shocking," and the contamination of underground water was described as "pervasive."
(Image source: 포항MBC 화면 캡처)
The potential for the nuclear contamination to spread to the surrounding area through the underground water was acknowledged but the KHNP said that such spread had not been confirmed. Reactor number one at Wolseong, which began operations in 1983 was scheduled for shutdown in November 2022. The Moon Jae-in administration shortened the operational life of the reactor by shutting it down in June 2018 in accordance with his policy to move away from nuclear power as an energy source. There had been complaints by local citizens and environmental groups since tests of local residents allegedly revealed evidence of accumulation of tritium in human tissue in 2015, and reports of thyroid tumors in the local population. The November 2022 service life extension on Wolseong reactor one was the result of a locally unpopular ten year extension on the original service life expiration in 2013.
Incidentally, prosecutors from the Daejon District had previously arrested officials in the Moon administration on suspicion of destroying approximately 500 official documents to conceal improper administrative procedures for early closure of the reactor. Among those charged is ( 백운규 ) Park Oon-kyu former Minister of Industry, Trade, and Energy and officials from the Hydro and Nuclear Power office. Officials allegedly responsible for destruction of evidence and obstruction of the criminal investigation have been jailed. The investigation began before investigatory powers were taken from the offices under the controversial Prosecutor General and vested by legislative reforms in the police and the new Senior Public Official Corruption Investigative Council. The prosecutor's investigation is allegedly politically motivated and bases its allegation of an improper early closure of the Wolseong reactor exclusively on the purported "manipulation" of economic considerations to satisfy President Moon's policy goal. Critics say it is unprecedented in a democratic government for criminal prosecutors to interfere in what is a fundamental exercise of discretionary powers by the executive offices.
South Korean political pundits on the left have observed that there has been a virtual news blackout of the Wolseong radiation leak report in South Korean media. The political bias of the reporting is evident, as the premise of the current investigation and prosecution of nuclear officials in the Moon administration now appears in an embarrassing context of a breakdown of both safety management and material maintenance at the Wolseong facility and the need for closure of the reactor on reasonable safety grounds. In contrast to the Moon administration's decision to timely shut down the reactor permanently, the criminal investigation into the decision appears to be "unreasonable."
References:
‘월성원전 수사’ 소설쓰는 언론들, 충격적 ‘방사능 누출’은 함구; 승인 2021.01.08 12:11:16 수정 2021.01.08 15:08:09; [출처: 고발뉴스닷컴] http://www.gobalnews.com/news/articleView.html?idxno=31586
월성원전 방사능 누출. 문재인정부의 조기폐쇄결정을 옳았다; 시사건건 youtube, Jan. 8, 2021
경주 월성원전 방사능 누출.. 추가 오염 우려 (2021.01.07/뉴스데스크/포항MBC) youtube
South Korea to boost nuclear power? Seoul (UPI) Feb 20, 2012; https://www.nuclearpowerdaily.com/reports/South_Korea_to_boost_nuclear_power_999.html
생수 마신 5세 아이까지 피폭, 더는 살 수 없다; 경주 월성원전 주민 40명 방사성 물질 노출, 근본적 대책이 절실하다; 최종 업데이트 16.01.24 10:51, 글: 양이원영(wawayang); http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0002177075
At the time the article was published, activists had been conducting a sit in front of the Wolseong Nuclear Power Office continuosly for 500 days.
There are some interesting facts in the article which focuses on the inadequacy of the Korean government's effort or lack thereof, to conduct epidemiological surveys of radiation levels in the human body and frequency of relevant cancers in the local population and the compelling need for such research. What is the acceptable safe limit of tritium in the human body? Obviously it must be different for infants and children. Pronouncements of alleged findings of the Korean nuclear power regulatory authority are compared unfavorably to analogous German findings. There is a chart showing the levels of tritium found in 40 persons in the vicinity of the Wolseong facility in 2015 expressed in becquerels per liter. The "official" South Korean limit was apparently established at 30 bec/ltr which all but one of the 40 tested persons were beneath. Also an interesting chart in the article is said to show that when the Wolseong No. 1 reactor was shut down for a period of time, the number of radioactive emissions at Wolseong went down significantly (but still remained well above other South Korean nuclear power stations). It is reported anecdotally that there have been numerous thyroid cancers in the area near the Wolseong reactor site. Also, the article said 20 percent of Ulsan residents were found to have significant levels of tritium in their bodies.
Sunday, January 3, 2021
South Korea: Odd Behavior by Democratic Party Leader Lee Nak-yon?
Lee Nak-yon is one of the leading candidates for president in the next general election in South Korea in the spring of 2022. He was the democratic Prime Minister of South Korea until January 2020. He was elected to the 21st National Assembly April 15, 2020. Now he is the current party leader of the ruling democratic party in the National Assembly.
(Image source: SBS youtube 10.11.20) Lee Nak-yon calls for a strict and thorough investigation of the allegations related to the Optimus Fund. He said he would respond strongly to any false allegations.
Recently, out of the blue, Lee called for pardoning imprisoned former presidents of South Korea, Park Geun-hye and Lee Myong-bak. This proposal has thrown the democratic party into disarray. As if it weren't enough, after more than a year long prosecution of the former justice minister, Cho Guk, and his wife, attempts to curb the prosecutorial abuse and misconduct of Prosecutor General Yoon Seok-yeol are being resisted within and without government, and the current Justice Minister Chu Mi-ae has submitted an offer to resign to President Moon Jae-in. What all this means is that Moon Jae-in's central agenda to reform the criminal justice system, particularly the prosecution offices, to end the continuing corruption and abuse by the "republic of lawyers" appears to be going off the rails.
Lee's unexpected and untimely proposal of pardons for the two corrupt former presidents on the right, is associated with support for his run at the presidency at a 15 percent percent level, according to a poll this week. There is no benefit whatever to President Moon's office or his policies in presenting such a divisive issue now. It's a betrayal of the principles of Moon Jae-in's political career and the asprirations and sacrifices of his democratic party supporters, past and present.
It is likely that Lee like other potential presidential hopefuls has been targeted by Prosecutor Yoon's "division" in prosecution offices. Since October, Lee Kyeong-ho, one of Lee's close aides was under investigation for allegedly receiving an unreported contribution in violation of campaign finance laws in the form of use of a multi-function copier (in kind) from the scandal ridden Optimus Fund. The value involved appears to be less than 3000 dollars total for use over a period from February to May 2020. The case allegedly was referred by the Seoul Election Management Commission for investigation by prosecutors. In early December, when Lee's aide took a break from questioning during the investigation for dinner, he apparently commited suicide. The body was found later. According to one critic, Lee has been strangely quiet concerning the investigation and death of his aide. Earlier when questioned about the alleged campaign finance violation, Lee Nak-yon told the press, leaving the borrowed copier contributed by a staff member's "acqaintance" off the financial report was a mistake. Lee's deceased aide had previously been found guilty of a campaign finance law violation committed in 2014. The entire episode has a deju vu quality related to other politically motivated investigations under Yoon's dominion.
The countervailing development was that Prosecutor Yoon Seok-yeol himself was subject to investigation and discipline for professional and ethical violations by a disciplinary committee appointed by Justice Minister Chu. Although the committee's disciplinary hearing in Yoon's case only resulted in a two month suspension from his duties as Prosecutor General, it was hoped this would mark the beginning of his effective removal from office due to other circumstances discussed in our previous blog posts. Yet, this was not to be the case. Yoon filed for a court injunction to stay the decision, which was granted in another unexpected development, and Yoon is now back in the saddle to continue his investigative and prosecutorial attacks on his political rivals on the democratic side.
It appears as if Yoon may have found Lee Nak-yon's weak point. It's evident that the Optimus scandal was being spun away from the right, and in Lee Nak-yon's direction. Critics on the left of Lee's recent blunder in calling for pardons are fearful of outcomes in the upcoming Seoul and Pusan elections for mayor and want Lee to step down as party representative. It seems incompetent for Lee and a party communications representative to call for a party decision pro or con on the pardon issue. It's untimely, it's the responsibility of the current president rather than the National Assembly or presidential candidates to determine. Additionally, it distracts the party from the major reform efforts before it, pressing current economic and public health issues, and drives a wedge in the party ranks. There is literally nothing to be gained from taking up what is essentially a right wing cause celebre. Lee Myung-jae, the Gyeonggido governor and leading democratic presidential candidate (who recently experienced an unjustified prosecution and trial based upon contrived charges) said it was not appropriate for him to say whether pardons were in order, as it was exclusively a discretionary authority of the sitting president.
Yoo Sang-won, is the democratic candidate for Mayor of Seoul in the upcoming by elections. The current vacancy in the office is the result of another unjustified political investigation started by the prosecutor's office against Mayor Park Won-soon. The recently deceased Mayor was unjustifiably charged with sexual assault and sexual harrassment by his former secretary, who had worked for him for four years. After being notified of the charges under investigation, the Mayor committed suicide.* Mayoral candidate, Yoo Sang-won, currently a National Assembly member said he opposes any consideration of pardons because neither former president has expressed remorse or apologized for their wrongdoing. Secondly, the post trial litigation process in former president Park's case is not final. He said the rule of law must be recognized and carried out, and that he expected the will of the people as demonstrated in the Candlelight Revolution would be reflected in the outcome.
*See: Deceased Mayor Park Won-soon- Trial by Media in South Korea, 9.14.20; https://civilizationdiscontents.blogspot.com/2020/09/deceased-mayor-park-won-soon-trial-by.html
Sources:
홀스형의 시사건건 (youtube) 1.3.21; 이낙연 긴급최고회의 소집? 혹시 윤석열에게 무슨 약점이라도 잡혔나요? https://www.youtube.com/watch?v=ppiOxtOXaAw&t=901s
서울신문, 12.4.20; 이낙연 ‘옵티머스 복합기 의혹’ 측근, 숨진 채 발견(종합2보), 신진호 기자; http://m.seoul.co.kr/news/newsView.php?id=20201204500002
(Image source: SBS youtube 10.11.20) Lee Nak-yon calls for a strict and thorough investigation of the allegations related to the Optimus Fund. He said he would respond strongly to any false allegations.
Recently, out of the blue, Lee called for pardoning imprisoned former presidents of South Korea, Park Geun-hye and Lee Myong-bak. This proposal has thrown the democratic party into disarray. As if it weren't enough, after more than a year long prosecution of the former justice minister, Cho Guk, and his wife, attempts to curb the prosecutorial abuse and misconduct of Prosecutor General Yoon Seok-yeol are being resisted within and without government, and the current Justice Minister Chu Mi-ae has submitted an offer to resign to President Moon Jae-in. What all this means is that Moon Jae-in's central agenda to reform the criminal justice system, particularly the prosecution offices, to end the continuing corruption and abuse by the "republic of lawyers" appears to be going off the rails.
Lee's unexpected and untimely proposal of pardons for the two corrupt former presidents on the right, is associated with support for his run at the presidency at a 15 percent percent level, according to a poll this week. There is no benefit whatever to President Moon's office or his policies in presenting such a divisive issue now. It's a betrayal of the principles of Moon Jae-in's political career and the asprirations and sacrifices of his democratic party supporters, past and present.
It is likely that Lee like other potential presidential hopefuls has been targeted by Prosecutor Yoon's "division" in prosecution offices. Since October, Lee Kyeong-ho, one of Lee's close aides was under investigation for allegedly receiving an unreported contribution in violation of campaign finance laws in the form of use of a multi-function copier (in kind) from the scandal ridden Optimus Fund. The value involved appears to be less than 3000 dollars total for use over a period from February to May 2020. The case allegedly was referred by the Seoul Election Management Commission for investigation by prosecutors. In early December, when Lee's aide took a break from questioning during the investigation for dinner, he apparently commited suicide. The body was found later. According to one critic, Lee has been strangely quiet concerning the investigation and death of his aide. Earlier when questioned about the alleged campaign finance violation, Lee Nak-yon told the press, leaving the borrowed copier contributed by a staff member's "acqaintance" off the financial report was a mistake. Lee's deceased aide had previously been found guilty of a campaign finance law violation committed in 2014. The entire episode has a deju vu quality related to other politically motivated investigations under Yoon's dominion.
The countervailing development was that Prosecutor Yoon Seok-yeol himself was subject to investigation and discipline for professional and ethical violations by a disciplinary committee appointed by Justice Minister Chu. Although the committee's disciplinary hearing in Yoon's case only resulted in a two month suspension from his duties as Prosecutor General, it was hoped this would mark the beginning of his effective removal from office due to other circumstances discussed in our previous blog posts. Yet, this was not to be the case. Yoon filed for a court injunction to stay the decision, which was granted in another unexpected development, and Yoon is now back in the saddle to continue his investigative and prosecutorial attacks on his political rivals on the democratic side.
It appears as if Yoon may have found Lee Nak-yon's weak point. It's evident that the Optimus scandal was being spun away from the right, and in Lee Nak-yon's direction. Critics on the left of Lee's recent blunder in calling for pardons are fearful of outcomes in the upcoming Seoul and Pusan elections for mayor and want Lee to step down as party representative. It seems incompetent for Lee and a party communications representative to call for a party decision pro or con on the pardon issue. It's untimely, it's the responsibility of the current president rather than the National Assembly or presidential candidates to determine. Additionally, it distracts the party from the major reform efforts before it, pressing current economic and public health issues, and drives a wedge in the party ranks. There is literally nothing to be gained from taking up what is essentially a right wing cause celebre. Lee Myung-jae, the Gyeonggido governor and leading democratic presidential candidate (who recently experienced an unjustified prosecution and trial based upon contrived charges) said it was not appropriate for him to say whether pardons were in order, as it was exclusively a discretionary authority of the sitting president.
Yoo Sang-won, is the democratic candidate for Mayor of Seoul in the upcoming by elections. The current vacancy in the office is the result of another unjustified political investigation started by the prosecutor's office against Mayor Park Won-soon. The recently deceased Mayor was unjustifiably charged with sexual assault and sexual harrassment by his former secretary, who had worked for him for four years. After being notified of the charges under investigation, the Mayor committed suicide.* Mayoral candidate, Yoo Sang-won, currently a National Assembly member said he opposes any consideration of pardons because neither former president has expressed remorse or apologized for their wrongdoing. Secondly, the post trial litigation process in former president Park's case is not final. He said the rule of law must be recognized and carried out, and that he expected the will of the people as demonstrated in the Candlelight Revolution would be reflected in the outcome.
*See: Deceased Mayor Park Won-soon- Trial by Media in South Korea, 9.14.20; https://civilizationdiscontents.blogspot.com/2020/09/deceased-mayor-park-won-soon-trial-by.html
Sources:
홀스형의 시사건건 (youtube) 1.3.21; 이낙연 긴급최고회의 소집? 혹시 윤석열에게 무슨 약점이라도 잡혔나요? https://www.youtube.com/watch?v=ppiOxtOXaAw&t=901s
서울신문, 12.4.20; 이낙연 ‘옵티머스 복합기 의혹’ 측근, 숨진 채 발견(종합2보), 신진호 기자; http://m.seoul.co.kr/news/newsView.php?id=20201204500002
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