▲ Park Chan-gu, Chairman of Kumho Petrochemical
The court judged that the restriction on employment for a person who violates the Specific Economic Crimes Weighted Penalty Act begins when the conviction is confirmed, not when the execution of the sentence is terminated.
The 7th administrative division of the Seoul Administrative Court sentenced the plaintiff’s defeat on the 18th in a lawsuit filed against the Minister of Justice by saying, “Please cancel the disapproval of employment” by Park Chan-gu, chairman of Kumho Petrochemical.
Article 14 of the Specific Warning Offenses Weighted Punishment Offenses Act (Special Offenses Act) restricts employment when committing a crime such as embezzlement or negligence of 500 million won or more, and the period is defined as’the day when the execution of imprisonment ends or it is decided not to be executed. 5 years from the end of the sentence, 2 years from the end of the probation period for imprisonment sentences, and the probation period for imprisonment sentences.
Chairman Park was convicted of damaging the company by lending the company’s funds to his son without properly judging his repayment ability, and was sentenced to three years in prison in November 2018, and five years probation, the following year. In March, he took office as the CEO of Kumho Petrochemical.
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 the meaning of the provisions of the Special Administrative Provisions Act is that employment is only restricted for two years from the end of the probation period, so the probation period is not included in the employment restriction period.
However, the court judged, “It is reasonable to see that the Special Administrative Offense Act sets the time when you cannot work as’from the time the conviction is finalized’.”
The judge said, “Employment restrictions must be started from the time the person convicted is convicted to make use of the purpose of the restriction and ensure its effectiveness. It is believed that employment restrictions begin only after the imprisonment or probation period has passed. “It is not an appropriate means of realizing the purpose or legislative purpose.”
If the interpretation of the law is followed, two years and six months of imprisonment will be confirmed in relation to the recent Gukjeong Nongdan case.
On the 15th, the Ministry of Justice informed Vice Chairman Lee Jae-yong that he was subject to employment restrictions.
(Photo = Yonhap News)