Vice Chairman Lee disagrees over whether it is subject to employment restrictions because it is unpaid
It is noteworthy that Samsung Electronics Vice Chairman Lee Jae-yong, who was sentenced to 2 years and 6 months in prison and imprisoned in a repatriation trial for the destruction of the Gukjeong Nonongdan, could not return to Samsung Electronics’ management after the execution of the sentence was terminated.
In a commentary on the 19th of the Economic Reform Solidarity, “According to Article 14 of the Act on Aggravated Punishment for Specific Economic Crimes (hereinafter referred to as the Special Economy Act), Vice Chairman Lee Jae-yong served for five years at Samsung Electronics even after July 2022, when the sentence was terminated. I can’t.”
Currently, the provisions on the restriction of employment in the Special Economics Act are’enterprises closely related to the convicted criminal act’ when convicted of a criminal whose amount is 500 million or more and is subject to aggravated punishment among economic offenders who commit embezzlement or malpractice. Stipulates that they cannot be employed.
The employment restriction period is 5 years from the date of the end of execution or pardon (or parole) for imprisonment, and 2 years from the date of probation.
“In the case of Lee, Vice-Chairman of the Economic Reform Association, said, “In the case of Lee, former President Park Sang-jin and former executive director Hwang Seong-soo, who were in an accomplice relationship, belonged to the’company closely related to criminal activities’ as prescribed by the Enforcement Decree. The vice chairman is subject to employment restrictions,” he said.
This means that even if Vice Chairman Lee is released due in July 2022, he will not be able to serve at Samsung Electronics for five years.
On the 18th, the vice chairman of the Gukjeong Nongdan’s revocation and repatriation court, along with Vice Chairman Lee, imprisoned two years and six months in prison for his accomplices, former head of the Future Strategy Office, Choi Ji-sung and former deputy chief of the US military 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 insisted, “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 Ministry of Justice should demand the dismissal of vice-chairman Lee once the judgment is confirmed.
The time at which Vice-Chairman Lee’s sentence is finalized depends on whether or not to appeal again. If Lee’s attorney does not appeal again, the judgment is finalized on the 18th, and if he appeals again, the judgment on appeal will be postponed.
However, there is a controversy in the business world over whether Vice Chairman Lee is restricted from employment.
In 2013, when SK Group chairman Choi Tae-won was convicted of embezzlement of 45 billion won in the Park Geun-hye administration during the Park Geun-hye administration, there is a precedent that Choi continued to maintain the chairmanship 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.
In the light of Chairman Tae-won Choi’s case, Vice-Chairman Lee may also be excluded from employment restrictions.
Regarding this, Noh Jong-hwa, a lawyer of the Economic Reform Association, said, “At the time, the Ministry of Justice did not respond properly, so we went over the jurisdiction without a legal dispute,” he said. “At this opportunity, it is necessary to have a legal dispute over the category of’employment’ under the Special Economics Act.” said.
Even if they are subject to employment restrictions, they will be removed from employment restrictions if they are approved by the Minister of Justice or if they are reinstated in the middle.
In the past, Samyang Foods CEO Kim Jeong-soo was 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.
On the other hand, Hanwha Group Chairman Seung-yeon Kim, who was sentenced to 3 years in prison and 5 years probation for damages to the company due to unfair support for insolvent affiliates in February 2014, 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.
/yunhap news