Lee Myung-bak and Park Geun-hye serving together as Ki Gye-soo… Like staying in a detention center

When former President Park Geun-hye was sentenced for the case of Gukjeong Nongdan, etc., after three years and nine months of undecided life was ended, he was converted to the status of convicted prisoner.

As a result, he was convicted of embezzlement and bribery in November of last year, and was sentenced to life at the same time as former President Lee Myung-bak, who was re-imprisoned. This is the second time in history following Presidents Roh Tae-woo and Chun Doo-hwan in 1997.

◇ Living in prison terms at Dongbu Detention Center and Seoul Detention Center respectively

According to the legal community on the 15th, former President Park is expected to continue his life in prison in Seoul, where he has been in prison.

In general, prisoners whose sentences have been confirmed remain in the detention center and are transferred to the prison after the process of classifying the prisoners, but it is highly likely to remain in the detention center due to poor health and security issues at an older age.

Former President Lee was also freed due to a suspension of execution of arrest and re-imprisoned on a final judgment, and is currently in prison in the former Seoul East Detention Center. In the past, former Presidents of the past and Roh also ended their prison life in Seoul Detention Center and Anyang Prison, respectively, after the sentence was confirmed.

As former President Park changed his status to a probationary conviction, access to lawyers was restricted, and the treatment differed from the case of pending conviction. Gi-jeong-soo must work with ordinary prisoners, but it is highly likely to be excluded due to age and health issues.

In September of last year, former President Park had a ruptured shoulder muscle and underwent surgery. President Park’s remaining sentence is 18 years and 3 months, and he will be released in the spring of 2039 when he turns 87.

Former President Park was sentenced to 20 years in prison, 18 billion won in fine, and 3.5 billion won in additional fines as a result of the Supreme Court’s re-appeal decision the day before. Prior to this, the total sentence was 22 years, plus two years of imprisonment, which was confirmed in the case of the Saenuri Party nomination intervention.

Former President Lee was sentenced to 17 years in prison, a fine of 13 billion won, and an additional fine of 57.8 billion won on charges of embezzling dozens of funds and bribing Samsung. Among them, the remaining sentence is about 16 years, excluding about one year serving in the process of investigation and trial. Former President Lee will be released at the end of 2036 at the age of 95 when his sentence is fulfilled.

◇ Re-ignite the amnesty of the argument… Negative atmosphere in passport and legal affairs

As both former presidents became the decisive party to meet special pardon requirements, discussions on pardons are reigniting both inside and outside the political sphere, including the opposition party.

Above all, the amnesty of former Presidents Roh is mentioned as a precedent. The two were arrested in November 1995 on charges such as a 12·12 military coup and a civil war related to the May 18 Gwangju democratization protest, and were sentenced to life imprisonment and 17 years in prison at the Supreme Court respectively in April 1997, but eight months later, then President Kim Young-sam He ended his two-year imprisonment life due to a special pardon.

Within the power of the people, there is a growing voice that President Moon Jae-in must make an amnesty decision in terms of national integration. Some say that it is impossible to completely fill the sentence given the age and health conditions of the two former presidents.

However, the passport and the Blue House are cautious about amnesty. It is improper and premature to immediately mention the amnesty when the older brother has just been confirmed.

There is also an opinion that it is inappropriate to discuss amnesty immediately in the legal profession.

Former Seoul Bar Association Chairman Kim Han-gyu predicted, “It is positive to give a special address for the purpose of social integration, but it will be difficult in the near future in terms of respecting public opinion, equity with other prisoners, and the authority of the judiciary.”

◇ No reaction from the parties… Excluding fines and additional fines even if pardoned

The two former presidents, who are the parties, were not happy with the possibility of pardon.

Attorney Yoo Young-ha of the former president’s side said in a recent call with Yonhap News that “the right to amnesty is the president’s own authority, so there is nothing to mention,” saying, “After the sentence is confirmed, it is a matter of leaving our hands.”

Former President Lee’s lawyer Kang Hoon said in a phone call that day, “I haven’t even met the President since the talk of the pardon, but we have nothing to mention.”

Even if two former presidents are pardoned, it is observed that it is unlikely that they will be exempted from imprisonment and fines or additional fines.

Under the Amnesty Act, a special pardon is a measure that exempts the execution of a sentence, so fines can be exempted at the judgment of the President, but there is a view that additional fines are not included in the exemption.

Two former presidents, former presidents and former presidents, were also exempt from imprisonment as special envoys, but additional fines of 220.5 billion won and 26.2 billion won respectively were excluded from the amnesty.

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