It looks like the courts are going to get harder on corruption cases involving businessmen such as large-scale embezzlement and misappropriation. The corruption trial departments that exist in all the country's high and regional court branches could soon be given stricter standards for measuring the seriousness of those crimes. The idea is to get tough on white collar crime, and it seems to be the result of strong determination on the part of the newly installed Supreme Court chief justice Lee Yong Hun.
At a dinner event earlier this months with key judges Lee was highly critical of a recent judgment on the Doosan scandal, saying it "profoundly hurt public confidence in the courts." It was a private event and he is said to have expressed only what were always part of his personal convictions, but it is unusual for the chief justice of the Supreme Court to voice criticism regarding a specific case. He also asked whether the people will put up with the courts when a person who steals something worth W100 million goes to prison, while someone who embezzles tens of billions gets "suspension of sentence." His comments are fully agreeable if you pay attention to what he said instead of the circumstances in which he said them.
There is nothing new about courts issuing sentences for jaebeol tycoons or other businessmen that amount to little more than "beating with a cotton mallet," and because of that the courts have naturally caused the people to distrust the system and believe that you can get out of being arrested and going to prison if you are a member of one of the "leading classes" in our society that has money and power. That is why stricter standards by the courts should start with thorough self-reflection and introspection. The Doosan case is not the only problem. Most cases involving big business executives accused of hundreds of billions worth of doctored account books and slush funds have followed a formula in which they are sentenced to prison in their first trial and "suspension of sentence" on appeal.
Arrest and prison time should of course not be automatic. Legal judgments should not get caught up in public sentiments. What is important is that crimes carry an appropriate price. Economic crimes such as falsification of accounting records, embezzlement, and misappropriation are far more harmful for society and business than regular crimes. If the courts continue to issue weak punishments for such crimes because of executives "contributions to the national economy" the country will not be able to have legal stability and the people will not come to trust the justice system. Lee is correct to conclude that weak sentencing on white collar crime leads to accusations of unfairness and distrust in the judiciary. Court standards for weighing economic crimes quickly need to be made strict and more realistic.
Even if the Supreme Court wants to uproot the practice of issuing weak sentences for criminal activity by big business executives, things are not going to change overnight. The common people believe that the move by the prosecution and warrant-issuing courts to engage in investigations without holding people under arrest whenever possible is actually going to benefit only rich and powerful business executives. Improving court procedures for weighing the seriousness of crimes committed is important, but unless all judges clean up their act and engage in self-reflection there will be no consistency. We hope they reflect on the fact that being true to guidelines once settled on is the first step in restoring legal stability and public confidence.
The goddess of justice holds a scale in one hand and a sword in her other. The scale symbolizes legal balance while the sword symbolizes strict execution of legal judgments. These measures being taken in regards to corruption in business and economic crimes must not be allowed to end up having been little more than one-time actions made out of concern for public distrust. It will eventually lead to more public distrust if the new effort fizzles out because the public atmosphere quiets down.
Since his inauguration Lee has consistently said he wants to have "courts that serve the people." Properly balanced court judgments are only going to possible when the courts apply the law according to crimes committed instead of social class and position. It must be remembered that the principle of serving the people is being generous to the common people and strict with those possessing power.
The Hankyoreh, 18February 2006.
[Translations by Seoul Selection]
[Editorial] Action Instead of Words About Corruption in Business |
