Resumed Lee Jae-yong Retrial... Special Prosecutors Step Back Following Court's Case Management

Samsung Electronics Vice Chairman Lee Jae-yong arrived on the afternoon of the 25th at the funeral hall of Samsung Seoul Hospital in Gangnam-gu, Seoul, where the funeral of Samsung Group Chairman Lee Kun-hee was held. [Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The retrial court for Samsung Electronics Vice Chairman Lee Jae-yong's 'state affairs manipulation case' has reiterated its intention to reflect the effectiveness of Samsung's Compliance Committee in sentencing. The special prosecution team led by Park Young-soo, which had opposed this, accepted the court's litigation guidance but still expressed doubts about its objectivity and fairness.

The Seoul High Court Criminal Division 1 (Presiding Judge Jung Jun-young) held a preparatory hearing on the afternoon of the 26th for the retrial of bribery and other charges involving Vice Chairman Lee and other Samsung affiliates. Initially, there was speculation that the trial might be postponed because Lee, who had been summoned, submitted a letter of absence due to the death of his father, Samsung Chairman Lee Kun-hee, the day before. However, the court proceeded as scheduled, heard both parties' opinions on appointing a professional examiner to review the operation of the Compliance Committee, and discussed future procedures.

The court once again emphasized its existing position to examine whether the Compliance Committee established by Samsung is being effectively operated and to reflect this in determining Lee's sentence. If the Compliance Committee is judged to be operating as a reflective measure indicating Lee's commitment not to commit crimes again, it will be considered a mitigating factor in sentencing. The court said it would decide on the participation of a professional examiner to evaluate the effectiveness of Samsung's Compliance Committee by next week. Subsequently, two hearings are planned on December 9 and 30, with the final arguments scheduled for December.

On the 26th, when the retrial of the 'state power abuse' case involving Samsung Electronics Vice Chairman Lee Jae-yong and others, which had been suspended due to a request for recusal of the judges, resumed, audience members received tickets to attend the preparatory hearing held that day at the entrance of the Seoul High Court in Seocho-gu. [Image source=Yonhap News]

Unlike previous hearings, the special prosecution did not object to reflecting the effectiveness of the Compliance Committee in Lee's sentencing. However, they suggested that sufficient time is needed for a substantive evaluation of the committee's operation and that the hearing dates should be designated later accordingly. On the other hand, Lee's defense team raised no particular objections to the court's procedural approach. The defense stated, "The procedure is a matter within the court's authority to decide," and added, "We believe it does not violate the intent of the regulations at all." Essentially, they expressed agreement with the court's procedural approach.

During discussions on the selection of the professional examiner and future trial schedule, there was a dispute between the prosecution and defense. The prosecution said, "It is necessary to ensure that the trial appears fair and just," and added, "If the process is predetermined from the start, it may raise doubts about guaranteeing fairness and objectivity." In response, the defense argued, "Due to the prosecution's previous recusals, the defendant has been in a state of procedural instability, and now claiming that there are too few hearing dates is an unacceptable argument," and added, "It can only be seen as an attempt to delay the trial." After hearing both sides, the court decided to proceed with the hearing on December 9 as planned but to reconsider the schedule thereafter.

That day marked the resumption of the retrial for the vice chairman's state affairs manipulation case after a nine-month hiatus since the hearing on January 17. The prosecution had filed a motion to recuse the court, claiming that "the presiding judge has lost consistency and is biased toward the defendants." However, the motion was finally dismissed by the Supreme Court last month, so the case continues to be heard by the existing court. Previously, the court appointed former Constitutional Court Justice Kang Il-won as the professional examiner to review Samsung's Compliance Committee operations. Although the prosecution opposed this, claiming "the procedure and content are illegal," they reversed their position on the day, and the court decided to maintain Kang's participation.

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