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.