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Law and disorder in South
Korea
By David Scofield
SEOUL
- South Korean President Roh Moo-hyun is right to talk
of equal and fair application of the law as a primary
objective of his administration. For decades the police,
prosecutors and courts have been used as instruments of
government power, with little autonomy from narrow
political agendas. But while the rhetoric is heartening,
convincing the people of South Korea that the law will
be applied equally and fairly will take a lot more than
words.
Since 2000, Kim Woo-choong, the founder
and former chief executive officer of the Daewoo Group,
has lived comfortably abroad with the estimated US$2.5
billion he embezzled from the group prior to its
collapse beneath a mountain of debt estimated at $80
billion.
In spite of the rhetoric and an
official request to Interpol, the South Korean
administration seems less than enthusiastic to have him
returned. Kim, it is rumored, kept detailed records of
the millions he paid to various politicians and senior
bureaucrats during his years of bilking billions from
Daewoo. Since many of them are still in office, few want
him back.
Closer to home, in a palatial villa in
an exclusive Seoul neighborhood, lives South Korea's
fifth president, Chun Doo-hwan, who was behind a
political slush fund worth about $900 million. Chun was
sentenced to life in prison in 1996, and ordered
personally to repay more than $150 million to the state.
But in the spirit of "national harmony",
then-president Kim Dae-jung pardoned him in late 1997.
Today, Chun lives very comfortably, steadfastly refusing
numerous court orders demanding repayment. In a court
appearance in June, Chun produced a bankbook showing a
balance of about $225. His riches are all gifts, he
claims.
Two of Kim Dae-jung's sons have been
sentenced to jail for influence-peddling and tax
evasion, but few expect them to stay in for long, and
fewer still expect that any fines they pay will make a
dent in the fortunes they are rumored to have amassed.
Last month, Roh was quoted as saying that the charges
against his predecessor's sons were "unconvincing".
The accounting scandals and indictments over
slush funds, bribery and graft are served up daily by
the South Korean press, but with little follow-up
commentary, so even on that rare occasion when stern
punishment is meted out, the public, based on
experience, assumes that sentences are either
probationary, are soon to be shortened in an
unpublicized appeal, or will be served under house
arrest.
On the odd occasion when high-profile
individuals do go to jail, there is always the pardon -
a presidential privilege that has acted as a
get-out-of-jail-free card for more than a few corrupt
politicians and business people.
In the summer
of 2002, less than six months before the end of his
tenure, former president Kim pardoned more than 5
million people, including former Daewoo executives who
had just been sentenced for their role in the massive
fraud and embezzlement scheme. Also included in the
package, 4.8 million people guilty of traffic offenses,
including habitual drunk driving, were also fully
pardoned. In keeping with tradition, President Roh
pardoned more than 151,000 people, including 125,000
civil servants, on liberation day last month.
The post-1998 South Korean economic recovery,
largely dependent on massive liquidity, low interest
rates, and an explosion in consumer credit, allowed
entrenched institutional weaknesses to remain hidden.
Now, as the tide of economic growth recedes, the foul
reality of corruption and collusion is exposed, and the
much-talked-about corporate-government reforms seem to
have been just that, talk.
According to the
Ministry of Finance and Economy, of the $136 billion of
taxpayers' money that was used to recap banks and bail
out failing companies, at least $14 billion is
unrecoverable. Sources close to the ministry worry that
it may eventually be three of four times as much; at
least $87 billion is still outstanding. That gross
mismanagement of public funds took place is not in
dispute, but far from inquiries, trials, and imprisoned
officials, the issue of lost billions passes with little
official comment.
Illegal strikes and
demonstrations are up markedly over this time last year,
and far from being prosecuted and imprisoned, groups
that use violent and illegal tactics are having their
demands met. Recent illegal strikes, often launched
before negotiations begin in earnest, have resulted in
wage increases averaging four to five times the
inflation rate, among other perks.
Cynicism and
contempt for the police, the courts, the corporations
and the state are increasing. Stories abound of violent
attacks on police and other government officials, as
equal application of the law is looking increasingly
like no application of the law. It's hard to challenge
public contempt when those who rule show little respect
for the nation's legal institutions.
The head of
Roh's own Millennium Democratic Party (MDP) used
extended sessions of the assembly to avoid three
subpoenas demanding that he surrender to prosecutors and
answer bribery allegations. And he isn't alone. Three
others, Park Joo-sun of the ruling MDP and Park
Myung-hwan and Park Jae-wook of the opposition Grand
National Party (GNP) also spent the summer ducking
subpoenas. South Korean law makes it very difficult for
assembly members to be arrested while in session. The
National Assembly has remained in session all summer,
breaking for only 24 hours on August 31. Local papers
reported that three of the four fled into hiding for 24
hours, and returned when the assembly resumed sitting
the next day. The fourth, a long-serving member of Roh's
party, stayed home. No arrests were made.
Talk
of applying the law fairly and equally is meaningless
when the people see the rich and powerful flout the law
and profit thereby. As former American Chamber of
Commerce president Jeffrey Jones was fond of saying,
"Some powerful people need to go to jail, the public
need to see them in jail, and they need to see the
ill-gotten gains forfeited."
If the president is
serious about applying the law equally and fairly, then
his party, the opposition and the National Assembly
might be a good place to start.
David
Scofield is a lecturer at the Graduate Institute of
Peace Studies, Kyung Hee University, Seoul.
(Copyright 2003 Asia Times Online Co, Ltd.
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