Two former presidents (CG)▶ Click here to enlarge
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As former President Park Geun-hye was convicted of a sentence in the case of Gukjeong Nongdan, he ended his three-year and nine-month period of undecided life, and was converted to the status of convicted prisoner.
Accordingly, in November of last year, he was convicted of embezzlement and bribery, and was sentenced to life at the same time as former President Lee Myung-bak, who was imprisoned again. The former president’s companionship is the second ever since President Roh Tae-woo and Chun Doo-hwan in 1997.
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Former President Park Geun-hye▶ Click here to enlarge
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◇ Living in prison terms at Dongbu Detention Center and Seoul Detention Center respectively
According to the legal community on the 15th, former President Park is expected to continue his life in prison in Seoul, where he had been in prison.
In general, prisoners whose sentences have been confirmed remain in the detention center and are transferred to the prison after the process of classifying the prisoners, but it is highly likely to remain in the detention center due to poor health and security issues at an older age.
Former President Lee was also freed due to a suspension of execution of arrest and re-imprisoned after a final judgment, and is currently living in prison in the former Seoul Eastern Detention Center. In the past, former President Roh and former presidents also ended their prison life in Seoul Detention Center and Anyang Prison, respectively, without any interest after the sentence was confirmed.
As former President Park was converted to a period of conviction, access to lawyers is restricted, and the treatment differs from the case of pending ruling. Gi-jeong-soo must work with ordinary prisoners, but it is likely to be excluded due to age and health issues.
In September of last year, former President Park had a ruptured shoulder muscle and underwent surgery, and it is known that he is currently receiving treatment twice a week. President Park’s remaining sentence is 18 years and 3 months, and he will be released from prison in the spring of 2039, when he turns 87.
Former President Park was sentenced to 20 years in prison, 18 billion won in fine, and 3.5 billion won in additional fines as a result of the Supreme Court’s re-appeal decision the day before. Prior to this, the total sentence was 22 years, plus two years of imprisonment confirmed for the case of the Saenuri Party nomination intervention, and he was arrested on March 31, 2017 and served three years and nine months until last month.
Former President Lee was sentenced to 17 years in prison, a fine of 13 billion won, and an additional fine of 57.8 billion won on charges of embezzling dozens of funds and bribing Samsung. Among them, the remaining sentence is about 16 years, excluding about one year serving in the process of investigation and trial. Former President Lee will be released at the end of 2036 at the age of 95 when his sentence is fulfilled.
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◇ Re-ignite the amnesty of the argument… Negative atmosphere in passport and legal affairs
As both former presidents became the decisive party and meet the requirements for special pardons, discussions of pardons are reigniting both inside and outside the political sphere, including the opposition party.
Above all, the amnesty of former Presidents Roh is mentioned as a precedent. The two were arrested in November 1995 on charges such as a 12·12 military coup and a civil war related to the May 18 Gwangju democratization protest, and were sentenced to life imprisonment and 17 years in prison at the Supreme Court respectively in April 1997, but eight months later, then President Kim Young-sam He ended his two-year imprisonment life due to a special pardon.
Within the power of the people, there is a growing voice that President Moon Jae-in must make a decision to pardon in terms of national integration. Some say that it is impossible to completely fill the sentence given the age and health conditions of the two former presidents.
However, the passport and the Blue House are cautious about amnesty. It is improper and premature to immediately mention the amnesty in the situation where the older brother has just been confirmed.
There is also an opinion that it is inappropriate to discuss amnesty immediately in the legal profession.
Former Seoul Bar Association Chairman Kim Han-gyu predicted, “It is positive to give a special address for the purpose of social integration, but it will be difficult in the near future in terms of respecting public opinion, equity with other prisoners, and the authority of the judiciary.”
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Lee Myung-bak and Park Geun-hye (PG)▶ Click here to enlarge
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◇ No reaction from the parties… Excluding fines and additional fines even if pardoned
The two former presidents, who are the parties, were not happy with the possibility of pardon.
Attorney Yoo Young-ha of the former president’s side said in a recent call with Yonhap News that “the right to amnesty is the president’s own authority, so there is nothing to mention,” saying, “After the sentence is confirmed, it is a matter of leaving our hands.”
Former President Lee’s lawyer Kang Hoon said in a phone call that day, “I haven’t even met the President since the talk of the pardon, but we have nothing to mention.”
Even if two former presidents are pardoned, there are observations that it is unlikely that they will be exempted from imprisonment and fines or additional fines.
As a special pardon under the Amnesty Act is a measure to exempt the execution of a sentence, fines can be exempted at the judgment of the President, but there is a view that additional fines are not included in the exemption.
Two former presidents, former and former presidents, were also exempt from imprisonment as special envoys, but additional fines of 220.5 billion won and 226.2 billion won respectively were excluded from the amnesty.
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