“Perhaps the 30 billion gained by Roh Tae-woo is against the law cash… “Is it justice to provide my daughter?”

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Slush cash controversy resurfaces after attraction court docket ruling… two instances

“Within the divorce case between SK Group Chairman Chey Tae-won (64) and Artwork Heart Butterfly Director Noh So-young (63), the dispute arose over ‘Roh Tae’s slush fund -woo’ once more after the choice of the court docket of attraction that director. The Roh share of the property sector was 1.38 trillion gained. Final June, Director Roh submitted as proof a promissory observe value 30 billion gained (issued within the title of Sunkyung Building in 1992) that was not submitted within the first trial, and primarily based on this, the attraction court docket determined that the previous President Roh Tae-woo’s cash was transferred to Choi Jong-hyun, who was the chairman of SK Sundae at the moment. SK counters by saying, “We by no means bought 30 billion gained from former President Roh, and we promised to provide him that quantity after the to go away workplace. The attraction court docket admitted that 30 billion had been gained, however they didn’t reveal how the cash was raised or whether or not it was unlawful. What sort of cash does former President Roh have and the character of that cash? We reaffirmed the investigation means of former President Roh’s slush fund and interviewed folks within the authorized neighborhood to have a look at the 2 primary points associated to ‘Roh Tae-woo’s slush fund’ ‘.


● “If it is sluggish cash, is it proper to provide it to Director Noh?”

The bulk opinion within the authorized neighborhood is that if ex-President Roh had earned 30 billion in money round 1991, it’s extra seemingly that it was a part of a misdemeanor slush fund. hitherto undisclosed authorized kind slightly than authentic forex. Former President Roh introduced that he would disclose the president’s property whereas in workplace as a promise within the 1987 presidential election. In April of the next yr, after to be arrange, former President Roh even disclosed detailed info, saying that his complete property had been gained 520 million. The checklist of property included a house in Yeonhui-dong, Seodaemun-gu, Seoul, shares, investments and actual property. The evaluation of the authorized neighborhood is that it’s virtually inconceivable for him to legally purchase virtually 60 occasions his complete property in his fourth yr in workplace, when his self-disclosed property are solely about 500 million win

Former President Roh had a historical past of publicly apologizing and receiving prison penalties for big quantities of slush cash. In October 1995, when suspicions arose in regards to the creation of a slush fund, he held a press convention at his residence and introduced that he had constructed a slush fund value about 500 billion gained, 100 billion on gained yearly throughout his tenure, and that he gained 170 billion. remained. In the meantime, former President Roh stated, “I’ll contribute even a penny to the nation.” Nevertheless, it was suspected that the true dimension of former President Roh’s slush fund on the time was as excessive as 800 billion gained.

After leaving workplace, former President Roh was investigated and prosecuted, and an extra assortment of 262.8 billion gained was confirmed in 1997, and paid in full in 2013 .Former President Roh additionally confirmed in his memoir revealed in 2011, “When the slush fund incident occurred, I submitted my cash and bond particulars.” are corporations that borrowed from the slush fund.” Within the means of paying the high-quality, he was keen to file a lawsuit together with his relations, comparable to submitting a lawsuit towards his youthful brother Jae-woo and his nephew Ho-jun there in 2009 to demand that they promote the corporate they based with slush. property. In 2013, Mrs. Kim Okay-sook petitioned the prosecutor saying, “If the federal government recovers the slush funds loaned to relations beneath his title, I’ll pay ‘ complete unpaid fines of 23.1 billion gained. ” Nevertheless, on the time, the truth that there was a ‘SK promissory observe value 30 billion gained’ was not disclosed.

The appeals court docket didn’t resolve whether or not the 30 billion gained was unlawful cash, however stated, “If the promissory observe that Roh Tae-woo acquired from Choi Jong-hyun and storage situation made public (previously, not previously. this trial), the Republic of Korea may file a collective swimsuit towards Choi Jong-hyun as effectively. ” “It is doable it was constructed,” he stated. The court docket might also interpret this as leaving open the potential for illegality.

When it was suspected that the 30 billion gained was a slush fund after the attraction court docket choice, Director Noh took the place that it was not an unlawful slush fund in any respect . Director Roh’s facet stated, “There isn’t any proof that it’s unlawful cash, and actually, we all know that isn’t true, he would have given such unlawful cash to the -his in-laws (former Chairman Choi Jong-hyun).

The authorized neighborhood believes that even whether it is admitted that 30 billion gained went out to SK based on the course of Director Noh and the judgment of the court docket, the popularity of cash that could possibly be ‘slush cash’ unlawful’ as Director Roh’s ‘contribution’ to be controversial. A former decide and lawyer defined, “If the appellate court docket judgment is adopted, Director Roh could also be receiving unlawful slush cash with out reward tax after which utilizing it as a supply of wealth progress large.” There may be additionally an opinion that “the result of the attraction case might change relying on how the Supreme Court docket acknowledges Roh Tae-woo’s slush fund and whether or not it believes that extra criticism of the slush fund is critical.” The chief decide of the Supreme Court docket stated, “The supply of the 30 billion gained by the court docket ultimately will probably be unlawful cash,” and he stated, “Whether or not” is a direct interpretation of the regulation to acknowledge the 30 billion earned as Director Roh. that will probably be a problem within the trial.” “It appears to be like like it may be executed,” he stated.

“SK influx contributes to progress”… SK facet “neither bought nor gave”

● “Did it are available in or not?”… There isn’t any clear proof of the supply course ofIn making this choice, the appellate court docket used the accounts and memoranda submitted by Director Noh as a foundation. Former President Roh’s spouse, Kim Okay-sook, held 4 actual promissory notes value 5 billion gained within the title of Sunkyung Building (now SK Eco Plant) and two pictures, in addition to particulars about slush cash Mrs. Kim gave her. acquaintances in 1998 and 1999. and observe. The memo on the prime that stated ‘as of April 1, 1998’ contained the next textual content: ‘Seonkyung-30 billion’.

The promissory observe was not disclosed throughout the 1995 slush fund investigation and lawsuit towards former President Roh, however it surfaced for the primary time throughout the divorce. Director Noh stated, “30 billion gained was used as cash to amass Pacific Securities, contributing to SK’s progress.” Throughout the trial, SK claimed that that they had by no means gained 30 billion from former President Roh and that that they had promised to provide an equal quantity after leaving workplace, however the second trial court docket didn’t settle for this declare. The slush fund, which was not disclosed by means of the prosecution’s investigation, grew to become the seed of controversy within the astronomical property sector 29 years later.

Studying the choice, it appears that evidently the court docket accepted what they believed to be the constructive facet of the arguments of either side slightly than figuring out that the cash of the previous President Roh flows in primarily based on clear proof comparable to deposit receipts or account monitoring data.

The SK official stated: “The date the promissory observe was issued is December 16, 1992, and to seek out out that 30 billion gained was already delivered round 1991, it’s essential to substantiate when and the way it was delivered by means of account transaction historical past. , and so on., however there was no proof.” He stated, “The information primarily based on this proof can’t be accepted.” He continued, “Even when the 30 billion gained was delivered, there is no such thing as a proof that this cash remained till the shares of Daehan Telecom (now SK Company) acquired in 1994.”

Whether it is true that former President Roh didn’t subject a ’30 billion profitable promissory observe’ in return for receiving slush cash as SK claims, however as a substitute promised to make use of cash after resign, the property share quantity will probably be tremendously lowered. The principle foundation of the court docket’s judgment might fall. It’s because 12,975,472 shares (18.44% of shares) of SK Company, value about 2 trillion gained, could possibly be excluded from the cut up. Earlier than that, the primary trial excluded SK Company inventory from the division and acknowledged solely KRW 66.5 billion in property division.

The present evaluation within the authorized world is that even when 30 billion gained had been delivered to SK, it could be tough to recuperate. A prosecution official stated, “The high-quality has already been paid in full, and to gather extra, an investigation should be executed President Roh died in 2021. A authorized official stated, “With co- By the way, Director Roh disclosed asset-related slush information for the primary time in 30 years by means of a divorce lawsuit at a time when investigation, assortment and extra taxes had been tough.”

Some imagine that the complete particulars and use of former President Roh’s slush cash weren’t 100% recognized within the 1995 investigation of the allegation that the cash was ‘hid’. On the time, the prosecution’s investigation relied closely on the statements of former President Roh, former Chief of Presidential Safety Lee Hyun-woo, and heads of enormous corporations.

An official from the investigation staff defined on the time, “Since these transactions had been made earlier than the implementation of the Actual Identify Monetary System Act, there have been many nameless investigations, so it was tough to hint them, no there was materials to reject.” One other member of the investigation staff additionally stated, “There was a whole lot of public curiosity, so there was stress to analyze shortly,” and “Some corporations stated they did not even know on the top of the corporate, so that they ignored him.”

Reporter Kim Ja-hyeon zion37@donga.com
Reporter Park Jong-min blick@donga.com