Citizen Groups Submit Objection to Non-Prosecution of Lee Jae-yong for 'Employment Restriction Violation'

Seoul Cheong Financial Crime Investigation Unit
Concludes 'No Charges' on 9th of Last Month

The Economic Reform Solidarity, Financial Justice Solidarity, Lawyers for a Democratic Society, and People's Solidarity held a press conference on the 14th in front of the Seoul Metropolitan Police Agency in Jongno-gu, Seoul, stating, "The police's decision not to prosecute cannot be considered reasonable when taking into account the legislative intent of the employment restriction order." Photo by People's Solidarity

[Asia Economy Reporter Oh Gyumin] Civic groups have submitted an objection after the police decided not to prosecute Samsung Electronics Vice Chairman Lee Jae-yong, who was accused of violating employment restrictions.

On the 14th, the Economic Reform Solidarity, Financial Justice Solidarity, Lawyers for a Democratic Society, and People's Solidarity held a press conference in front of the Seoul Metropolitan Police Agency in Jongno-gu, Seoul, arguing that "the police's decision not to prosecute cannot be considered reasonable given the legislative intent of the employment restriction order."

They stated, "Employment should be judged not simply by whether remuneration was received, but based on whether there was participation or involvement in work with authority as an executive or employee, as well as whether labor was actually provided regardless of position or title. If it is confirmed whether Vice Chairman Lee holds an official position, it is possible to clearly determine whether he has the authority to participate in work."

On the 9th of last month, the Financial Crime Investigation Unit of the Seoul Metropolitan Police Agency decided not to prosecute Vice Chairman Lee, who was reported for violating employment restrictions under the Act on the Aggravated Punishment of Specific Economic Crimes (Special Act), citing lack of evidence.

At that time, the police presented the standard that to qualify as "employment," it must be confirmed that remuneration was received as compensation for work. However, the police found no evidence that Vice Chairman Lee received economic benefits as compensation for performing work or labor at Samsung Electronics. Therefore, it was difficult to conclude that he was in an employment state, and they judged "no charges."

Vice Chairman Lee was indicted on charges including bribery related to the "state affairs manipulation" case, sentenced to imprisonment in the retrial in January last year, and was detained in court but was granted parole in August of the same year. Since then, civic groups have accused him, claiming that his return to the forefront of management was illegal.

Under the Special Act, employment is restricted for five years from the date the execution of imprisonment ends or is confirmed not to be executed if one commits crimes such as embezzlement or breach of trust involving 500 million won or more.

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