Park Chan-gu, Chairman of Kumho Petrochemical▶ Click here to enlarge
The court judged that the restriction on employment of persons who violate the Specific Economic Crimes Weighted Penalty Act (the Special Administrative Offense Act) starts from the time the conviction is confirmed before the execution of the sentence is terminated.
According to law enforcement officials on the 23rd, the 7th administrative division of the Seoul Administrative Court (Chief Judge Kim Kook-hyun) recently ruled a lawsuit against the Minister of Justice by Park Chan-gu, chairman of Kumho Petrochemical, saying, “Please cancel the disapproval of employment.”
Article 14 of the Special Economics Act restricts employment if a crime such as embezzlement or dismissal of more than 500 million won is committed, and the period is ‘5 years from the date when the execution of imprisonment is terminated or not subject to execution’, and’enforcement of imprisonment. It is set as two years from the date of the end of the grace period’ and’a grace period for the sentence of imprisonment’.
Chairman Park was convicted of lending company funds to his son without properly reviewing his repayment ability (referred under the Special Administrative Offense Act), and was sentenced to three years in prison in November 2018 and five years probation, and in March of the following year, Kumho Petrochemical. He took office as CEO.
As a result, the Ministry of Justice issued a disposition not to approve employment in May of the same year, and Chairman Park filed an administrative lawsuit against the disposition of the Ministry of Justice.
Chairman Park argued that, in light of the words of the Special Gyeonggi Act, employment is restricted for two years from the end of the probation period, but the probation period is not included in the employment restriction period.
However, the court judged, “It is reasonable to see that the Special Economics Act sets the time when the person cannot be employed as’from the time the conviction is confirmed’.”
He continued, “The restriction on employment must start from the time the person convicted of the conviction, in order to make use of the purpose of the restriction and to secure its effectiveness.” “If the restriction on employment begins only after the imprisonment or probation period has passed, the purpose of the system or “It is not an appropriate means of realizing legislative purposes.”
This ruling is not directly applied, but if the interpretation of the law is followed, Samsung Electronics Vice Chairman Lee Jae-yong, who was recently sentenced to two years and six months in prison for the so-called “Gukjeong Nongdan” case, can be seen as having already started the employment restriction period. .
The Ministry of Justice informed Vice Chairman Lee on the 15th that he was subject to employment restrictions.
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