5000 Jewelry Applications Per Year... Controversy Over Fairness

Published 11 Mar.2024 14:20(KST)

On the 6th, Bae Jae-hyun, Kakao's Chief Investment Officer, who was arrested and indicted on charges of market manipulation during the management rights dispute at SM Entertainment, was released on bail. As the number of defendants requesting bail after being detained increases, the number of bail applications submitted to courts nationwide has been exceeding 5,000 annually. In the legal community, opinions are divided between those advocating for increased bail approvals based on the presumption of innocence and those arguing that bail is a system operated as ‘bail for those with money, detention for those without,’ which is unfair and that bail conditions should be strengthened for speedy trials.

Seoul Central District Court Leads, Followed by Southern District Court

Bail, short for ‘guaranteed release,’ refers to a trial and enforcement process where the court lifts detention under appropriate conditions. It aims to suppress unnecessary detention and prevent its adverse effects by achieving the same effect as detention without physically restraining the individual. When granting bail, the court may require the submission of a written pledge to appear at designated times and places and not to destroy evidence, along with a deposit agreement. Restrictions such as residence limitations and travel bans may also be imposed.

[Image source=Beomryul Newspaper]

According to the office of National Assembly member Yang Hyang-ja, the number of bail applications submitted to courts nationwide were △ 4,946 in 2019 △ 5,692 in 2020 △ 5,919 in 2021 △ 5,008 in 2022 △ 5,176 in 2023, showing that since 2020, the annual number has exceeded 5,000. The approval rate of bail applications compared to the number of applications slightly decreased from △ 35.6% in 2019 to △ 30.8% in 2020 △ 27.3% in 2021 △ 27.1% in 2022 △ 29.2% in 2023.

According to the Judicial Yearbook, in 2022, the court with the highest number of bail applications among the financial district courts was the Seoul Central District Court (410 cases). Of these, 106 cases (26.4%) were approved, and 287 cases (70%) were dismissed. There were 27 cases of bail with electronic monitoring (bracelet) conditions. The next highest number of bail applications was at the Seoul Southern District Court (172 cases), with 29 approvals (16.8%) and 115 dismissals (66.8%). There were 2 cases of bail with electronic monitoring conditions.

[Image source=Beomryul Newspaper]

The amount of bail varies depending on the defendant’s financial status, leading to debates over fairness. For example, Kim Sung-tae, former chairman of Ssangbangwool Group, who was arrested and indicted for embezzling funds from an unlisted company worth 50 billion KRW and for sending 8 million USD to North Korea, was released on bail with a deposit of 100 million KRW. Park Young-soo, former special prosecutor, who was arrested and indicted in connection with the ‘Daejang-dong 5 billion Club’ scandal and released on bail, had a bail deposit of 50 million KRW. Former National Assembly member Kwak Sang-do, who was acquitted in the first trial, was released on bail during the trial in August 2022 with a deposit of 300 million KRW.

Former President Lee Myung-bak was released on bail during the appeal trial with a deposit of 1 billion KRW, and former Gyeongnam Governor Kim Kyung-soo was released on bail during the appeal trial by paying a deposit of 200 million KRW in connection with the Druking case.

Opinions on the Bail System Are Divided

In the legal community, opinions are divided between those who believe bail approvals should be expanded and those who argue that bail conditions should be strengthened.

Kim Jung-chul (58, Judicial Research and Training Institute class 35), representative lawyer of Law Firm Woori, said, “The phrase ‘bail for those with money, detention for those without’ is an inappropriate criticism,” explaining, “Since the amendment of the Criminal Procedure Act in 2008 allowing credit bail with only a written pledge without a bail deposit, even those without the financial means to pay bail can sufficiently receive bail.”

He added that while bail should not be granted to those expected to receive heavy sentences and have a high risk of fleeing, it is unreasonable not to grant bail in cases clearly expected to receive sentences of less than one year. “It aligns with the constitutional presumption of innocence principle to allow defendants to fully exercise their defense rights while not detained and serve the sentence if a heavy sentence is later imposed,” he pointed out.

On the other hand, a former deputy prosecutor turned lawyer said, “Defendants are detained due to concerns about evidence destruction or flight risk, and such concerns may not be completely eliminated during the trial process,” adding, “Since bail is generally secured by a deposit and thus less burdensome, it is necessary to strengthen bail conditions for the original purpose of bail and for speedy trials.”