Home » Business » Vice Chairman Lee Jae-yong, can’t return to Samsung Electronics even after release

Vice Chairman Lee Jae-yong, can’t return to Samsung Electronics even after release

Input 2021.01.19 18:33

Lee Jae-yong, sentenced to 2 years and 6 months in prison at the court of repatriation for destruction of Gukjeong Nongdan and imprisoned Samsung Electronics (005930)It was argued that the vice chairman could not return to the management of Samsung Electronics after the execution of the sentence was ended.

According to the business community on the 19th, there is a controversy over whether to restrict employment after Vice-Chairman Lee’s sentence was executed.

According to the Article 14 Employment Restriction Regulations of the Act on the Aggravated Punishment of Specific Economic Crimes (Special Economy Act), Vice Chairman Lee Jae-yong will remain at Samsung Electronics for five years even after July 2022 when the sentence was terminated. I can’t.”

Jaeyong Lee, Vice Chairman of Samsung Electronics. /Chosun DB

The provisions on the restriction of employment in the Special Economics Act are employed in a’company closely related to the convicted criminal act’ when a criminal who is subject to aggravated punishment with an amount of 500 million won or more among economic offenders committing embezzlement or malpractice is convicted. It is regulated to be impossible.

In the case of employment restrictions, the sentence of imprisonment is 5 years from the date of execution or pardon (or parole), and the probation is 2 years from the date of termination.

Roh Jong-hwa, an attorney of the Solidarity for Economic Reform, pointed out that even if Lee is released from the deadline in July 2022, he will not be able to serve at Samsung Electronics for five years. “In the case of this vice-chairman, former president Park Sang-jin and former executive director Hwang Seong-soo, who were in an accomplice relationship, were subject to employment restrictions as’corporations closely related to criminal activities’ set out in the enforcement decree of Samsung Electronics, who served at the time of the crime. “I can do it.”

On the 18th, the vice chairman of the Gukjeong Nongdan revocation court sentenced two years and six months in prison for former Vice Chairman Lee and his accomplices, Choi Ji-sung, former head of the Future Strategy Office, and former deputy chief of the US War Office, Jang Choong-ki. Each was sentenced to two years and six months in prison and four years of probation.

The Solidarity for Economic Reform emphasized that “if the decision of Vice Chairman Lee is confirmed, the Ministry of Justice should immediately request the Chairman of the Board of Directors of Samsung Electronics to dismiss Lee.” Instead of waiting for the expiration to be released, the vice-chairman should be dismissed immediately after the Ministry of Justice confirms the decision.

The time when the sentence of Vice Chairman Lee is confirmed depends on whether or not to appeal again. If Lee’s attorney does not appeal again, the decision made on the 18th will be confirmed as it is, and if it is reappealed, the decision on appeal will be postponed.

Samsung Electronics Vice Chairman Lee Jae-yong’s sentence of repatriation to the Kukjeong Nongdan case was announced on the morning of the 18th, the morning of Samsung Electronics’ Seocho office building. /yunhap news

However, Choi Tae-won was ahead SK(034730)In the light of the group chairman’s case, there are also observations that Vice-Chairman Lee may be excluded from employment restrictions. In 2013, when Chairman Choi was convicted of embezzlement of 45 billion won of money during the Park Geun-hye administration, he continued to hold the position of chairman under the logic of “I am not’employed’ because I am serving unpaid.”

Vice-Chairman Lee is also working unpaid, and in October 2019, he was removed from the registered executive.

Regarding this, Lawyer Noh said, “At the time, the Ministry of Justice did not respond properly, so I went over the jurisdiction without a legal dispute,” he said. “At this time, it is necessary to have a legal dispute over the category of’employment’ under the Special Economics Act.”

Samsung Electronics Vice Chairman Lee Jae-yong is heading to the court on the 18th, attending the hearing for the remand of the case of’Gukjeong Nongdan’ held at the Seoul High Court in Seocho-gu, Seoul. /yunhap news

Even if they are subject to employment restrictions, they will be released from employment restrictions if they are approved by the Minister of Justice or if they are reinstated if they are pardoned in the middle. Jeongsu Kim Samyang Foods (003230)The president was also sentenced to two years in prison and three years probation for embezzlement of 4.9 billion won, but later returned to management with approval from the Ministry of Justice.

In contrast, Kim Seung-yeon, who was sentenced to three years in prison and five years probation in February 2014 for damaging the company through unfair support for insolvent affiliates. Hanwha (000880)The group chairman’s probation ended in February 2019 without amnesty. The two-year employment restriction was applied to Chairman Kim, and he plans to return to management as soon as the employment restriction is lifted the next day.

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