[What Do You Think?] We Must Open an Era of Unity with Special Pardons for Former Presidents

[Takryu Cheongron] Leadership Opening an Era of Unity through Forgiveness and Reconciliation

Kim Hyun, former President of the Korean Bar Association

Takryucheongron is a column that provides in-depth analysis and diagnosis by experts in the relevant fields on socially contentious topics. This week's topic is the 'Pardon Debate for Former Presidents.'

Historically, respected leaders have all emphasized forgiveness and reconciliation.

Mahatma Gandhi was assassinated by an extremist Muslim while striving for the harmony between Hinduism and Islam. Nelson Mandela, the President of South Africa who was wrongfully imprisoned for 27 years, forgave the white government’s iron-fisted rule and did not seek revenge after taking office. President Abraham Lincoln, after a hard-fought victory in the Civil War, called for unity between the North and South and democracy rather than harsh punishment of the defeated in his Gettysburg Address.

Former President Donald Trump was notorious for racial discrimination and disrupting the international order, was accused of inciting rioters to storm the Capitol, and refused peaceful transfer of power to his successor. Yet President Joe Biden has not pursued retaliatory judicial procedures against his predecessor. It is said that the United States has a tradition of not legally pursuing the political mistakes of former presidents.

Compared to this, our political culture is too negative and extreme about the past. Following the assassination of former President Park Chung-hee, former Presidents Chun Doo-hwan and Roh Tae-woo were imprisoned, former President Roh Moo-hyun committed suicide, former President Park Geun-hye was impeached and imprisoned, and former President Lee Myung-bak was also imprisoned.

A wrong tradition has been established where all living former presidents have been imprisoned. Many people are concerned about what might happen after the term of a president if it is revealed that they were involved in incidents such as the Ulsan mayoral election interference, nuclear power plant shutdown, and the Optimus and Lime fund scandals.

It is time to break this vicious cycle. What do we gain by imprisoning presidents who were once elected by our hands and represented the Republic of Korea, and incarcerating them through humiliating trials? It is momentarily satisfying. When foreigners are surprised and say, ‘A country that imprisons its presidents!’ it even makes us feel proud. But that is all. The humiliation of a president is the humiliation of the Republic of Korea and a shame for all of us.

Recently, sympathy for former Presidents Park Geun-hye and Lee Myung-bak has been rising among the public. Granting a pardon magnanimously would be a gesture of reconciliation to the citizens who sympathize with the two former presidents. When the ruling power shows generosity to the people disappointed by four years of divisive politics and legislative dominance focused only on their own side, the auspicious spirit of harmony will warmly embrace the Korean Peninsula. It could create a turning point for the Republic of Korea, torn apart by ideological and generational conflicts, to be reunited and become one again.

Former President Park was imprisoned in March 2017 on charges of state affairs manipulation and receiving special activity funds from the National Intelligence Service, and in January 2021, the Supreme Court confirmed a 20-year prison sentence. Including a 2-year sentence confirmed for interference in Saenuri Party nominations, the final sentence is 22 years. She is scheduled for release in 2039 at the age of 87. Former President Lee was imprisoned in March 2018 on charges related to the true ownership controversy of DAS and receiving special activity funds from the National Intelligence Service, and a 17-year sentence was confirmed. He is scheduled for release in 2036 at the age of 95.

Former President Park has served 4 years and 1 month, and former President Lee has served 3 years and 1 month in prison. Although they were at fault, they have paid a considerable price through their lengthy imprisonment. Considering their dedicated service to the Republic of Korea during their terms, it is now appropriate to release the two for the restoration of the nation's dignity.

Former President Park is 69 years old and former President Lee is 79 years old, so let these elderly men rest at home now. I hope President Moon will courageously grant a special pardon on August 15 Liberation Day to ease the burden on the next president, who must open a new era with a spirit of harmony on March 9 next year.

Kim Hyun, Representative Attorney, Sechang Law Firm

Former President of the Korean Bar Association

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