"Avoided the Worst" Samsung Prevented 'Chairman Arrest' but Judicial Risks Remain...

[Asia Economy Reporters Kim Hyewon and Lee Gimin] Samsung Group is greatly relieved, saying "the worst has been avoided," as Vice Chairman Lee Jae-yong of Samsung Electronics, who is under prosecution investigation over suspicions surrounding the merger of Samsung C&T and Cheil Industries and the succession of management rights, has avoided detention. However, since the prosecution is likely to indict without detention in this case and the retrial of the state affairs manipulation case is also ongoing, judicial risks are still considered to remain.

On the 9th, Judge Won Jeong-sook, who is in charge of warrants at the Seoul Central District Court and reviewed Vice Chairman Lee’s detention, stated the reason for dismissing the detention warrant, saying, "There is insufficient evidence to justify the necessity and appropriateness of detaining the suspects, contrary to the principle of trial without detention." She added, "The basic facts have been established, and it appears that the prosecution has already secured a considerable amount of evidence through its investigation so far."

This is interpreted to mean that after a 1 year and 7 months-long prosecution investigation, the basic facts have been confirmed, and since evidence supporting the charges the prosecution asserts has been secured, there is no need to detain the suspect. It seems that the claim by Vice Chairman Lee’s side that there is no reason for detention because most evidence has been collected over the long investigation period, eliminating concerns about evidence destruction, and there is no flight risk as he is the head of a leading global company, was accepted.

Judge Won also said, "Considering the importance of this case, it is appropriate to determine the responsibility and degree of the suspects through sufficient debate and examination during the trial process." This is interpreted as emphasizing the need to protect the suspect’s right to defense by confirming the facts through prosecution and Vice Chairman Lee’s side’s arguments in court in the future. Former Samsung Future Strategy Office Chief (Vice Chairman) Choi Ji-sung (69) and former Future Strategy Office Strategy Team Leader (President) Kim Jong-jung (64), who were also at risk of detention, have also escaped detention.

For the prosecution, the legitimacy of the 'Samsung merger and succession suspicion' investigation, which has continued for 1 year and 7 months, has weakened, and it is in a position where it cannot avoid criticism that the warrant request was excessive. Shortly after 2 a.m., when the detention warrants for Vice Chairman Lee and two former and current Samsung executives were all dismissed, the prosecution stated, "We regret the court’s dismissal decision in light of the seriousness of this matter and the evidence secured so far," adding, "However, regardless of the warrant trial result, we will thoroughly pursue the investigation in accordance with law and principles."

Regarding this, Samsung’s legal team said, "The court’s reason for dismissal is that 'apart from the basic facts, the suspects’ responsibility and criminal charges have not been proven, and there is no necessity for detention,'" and added, "We hope that through a strict review process in the upcoming prosecution investigation review procedure, the continuation of the investigation and the decision on indictment will be determined."

Samsung is breathing a sigh of relief as Vice Chairman Lee’s detention warrant was dismissed but is closely monitoring the possibility of the prosecution reapplying for a warrant and indictment. They are also on alert regarding whether the prosecution investigation review committee, scheduled to be held on the 11th, will take place.

An industry insider said, "It seems the court used neutral expressions considering the prosecution’s position, but in fact, it means 'lack of evidence' from the prosecution," adding, "Attention is focused on the excessive warrant request and the decision of the investigation review committee." A prosecution official evaluated, "The establishment of facts, securing considerable evidence, and the need for confirmation in trial are usually summarized as 'proof of charges,' but it seems the judge in charge of warrants used very cautious wording."

The substantive hearing for Vice Chairman Lee’s warrant, which started at 10:30 a.m. the previous day, lasted for 8 hours and 30 minutes until around 7 p.m. that day. Including the waiting time until the hearings for former Vice Chairman Choi and former President Kim were completed, Vice Chairman Lee stayed in court for a total of 10 hours and 40 minutes.

This content was produced with the assistance of AI translation services.