[The Editors' Verdict] If Not Now, Then When Is the Right Time for a Pardon?
Around April next year, we will be awaiting the inauguration of a new president. Around that time, we will once again recall words like integration and inclusion. And that will likely be the most appropriate moment.
Among the four most important figures in the Republic of Korea over the past decade, three are currently in prison. Former President Lee Myung-bak is incarcerated until 2036, former President Park Geun-hye until 2039, three years later, and Samsung Electronics Vice Chairman Lee Jae-yong will be released in July 2022, serving a slightly shorter term. The remaining one is President Moon Jae-in, who holds the power of pardon over these three.
The ruling party leader’s call for pardons for the two former presidents on New Year's Day was rejected at the president’s New Year press conference on the 18th. President Moon’s assessment that ‘now is not the time’ likely came after observing the public opinion split evenly between support and opposition following the pardon proposal. He may have judged that a pardon decision ‘at this moment’ would not be advantageous in any way, including improving his approval ratings.
Subsequently, an interesting remark came from former Chief of Staff Noh Young-min, who assisted President Moon. The day after the New Year press conference, Noh appeared on the radio and said that President Moon might decide to pardon the two former presidents during his term. With his words in mind, we can easily interpret that President Moon’s refusal to pardon meant ‘at least not before the Seoul mayoral election.’
By not completely ruling out the possibility of a pardon, President Moon left room to use this card at any time. Now, there are only two possible periods: anytime after the Seoul mayoral election on April 7 this year until before the presidential election on March 9 next year, or after the presidential election until the end of his term on May 10.
The temptation to pardon will grow stronger as the possibility of re-election becomes uncertain during the presidential election process. However, carrying out a pardon before the election would only admit that the original purpose was far from national unity. The president’s sincere intention could have been proven if the pardon had been executed as soon as possible, without any intention to influence any election. But that time has already passed.
If President Moon succeeds in re-election and decides to pardon or grant parole to the three, it will serve as a genuine starting point for national unity and empower the new president. Conversely, it would also relieve the new president of the burden of having to release two former presidents and a conglomerate chief from the same party. Either way, as the highest act of governance, a pardon can conclude positively with national unity.
The ‘public consensus’ and ‘reflection by the parties involved’ proposed by President Moon are conditions for pardon that most citizens would agree with. By around April next year, the two former presidents will have served four and five years respectively, and the conglomerate chief will be just three months away from full release. If public consensus is not formed even at this point, there will be sufficient grounds not to carry out a pardon.
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President Moon must overcome the small political temptation to have the ruling party leader gauge public opinion on pardons. Such intentions have already been seen through by the public. President Moon now needs to block further controversy by deciding to postpone the politically ineffective pardon card until after the presidential election. The benefit gained by hinting at the possibility of a pardon during crises is not greater than the trust earned from the decisive abandonment of it.
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