Thursday, July 18, 2013

Sixteen Years Later South Korea Remains Determined to Recover Chun Doo Hwan's Illicit Assets

Sixteen Years Later South Korea Remains Determined to Recover Chun Doo Hwan's Illicit Assets
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
July 19, 2013


Summary: Chun Doo Hwan trumpeted anti-corruption rhetoric. But as soon his power was consolidated, he wantonly engaged in plunder. When the story came to light, he pleaded not guilty. He engaged in all manner of evasion. He secretly transferred vast sums of money abroad or to his children and their families. Compare this to former ROC President Chen Shui-bian's corruption and imprisonment. His family members continue to live in the lap of luxury. The two differ little, if any.

Full text below:

The South Korean State Prosecutor's Office recently dispatched personnel to 17 locations. It conducted large scale raids on the homes and offices of former President Chun Doo Hwan and his children. It attempted to track down Chun's hidden assets.  Prosecutors confiscated nearly 200 expensive paintings, porcelains, and other art items. They also forbade Chun Doo Hwan's three children from leaving the country.

Chun Doo Hwan was convicted in 1997, over 16 years ago. The South Korean legal system and the public have never ceased their quest to recover South Korean President Chun Doo Hwan's illegally obtained assets. Last month South Korea passed a "Confiscation Regulations Act" directed at civil servants. It extended the statute of limitations for the prosecution of civil servants who illegally acquire assets. It expands the scope of recovery to third parties. The law is nicknamed after Chun Doo Hwan and targets him in particular. The old law providing for the recovery of assets would have lapsed in October of this year. The amended law will allow the recovery of assets until 2020.

The South Korean prosecutors' raid on Tuesday was conducted under the aegis of the new law. Prosecutors believe Chun Doo Hwan evaded government asset recovery efforts. They believe he transferred vast sums of illegal assets to family members and friends. As a result, the social networking company operated by Chun Jeon Jae, the eldest son of Chun Doo Hwan, and companies and property owned by his two other sons and two daughters were searched. The problem now is how to determine what assets were hidden by Chun Doo Hwan.

Chun Doo Hwan's reign lasted from 1980 until 1988. South Korean political history refers to this period as the "Fifth Republic." Chun Doo Hwan and his successor Roh Tae-woo ruled for 13 years. They colluded with private industry and misappropriated funds. After Kim Yong Sam took office, the Chun and Roh became targets of investigation. In 1997 Chun Doo Hwan was convicted by the South Korean Grand Court of staging a military coup, fomenting domestic strife, corruption, bribery, and other crimes punishable by life imprisonment. This was the trial of the century. The two outgoing presidents, dressed in prison uniforms, faces solemn, stood before the court and awaited their sentences. These were images the Korean people will not soon forget.

The court sentenced Chun Doo Hwan to life imprisonment. It fined him 220.5 billion won, approximately 5.8 billion NT. But Chun Doo Hwan received a presidential pardon from Kim Dae Jun. The following year, Chun was released from prison. Over the past 16 years, Chun Doo Hwan has paid back only 53.300 billion won. The lion's share, 167.2 billion won, approximately 4.4 billion NT, remains unpaid. In 2003, he was asked to declare his assets. Chun Doo Hwan claimed that "My savings account contains only 290,000 won." He adopted a "I intend to stonewall" attitude. Prosecutors were at a loss. But last fall, Chun Doo Hwan teed off at a newly opened golf course. He sipped fine wine with friends in a party-like atmosphere. The images were made public. People were outraged. They demanded a thorough investigation into his illicit assets. The South Korean media believes Chun Doo Hwan transferred illicit assets to his children. They estimate the total at one trillion won.

The statute of limitations on the recovery of illicit assets from Chun Doo Hwan was about to run out in October of this year. But the South Korean legislature amended the law in late June. It extended the statute of limitations for civil servants' illicit assets. It expanded the scope of the law to cover third parties. Upon taking office, President Park Geun-hye aggressively promoted the bill, in response to public outrage over corruption. For the South Korean Prosecutor's Office, it was an opportunity to ride a wave of public sentiment. It launched a massive search operation. It even brought in metal detectors. It was determined to communicate the government's resolve to recover public assets from a corrupt president.

On the day Chun Doo Hwan's residence was searched, Chun told investigators, "As a former President, the public spectacle has made it impossible for me to show my face in public." But his remark is likely to make South Koreans even more disgusted. Time and again, the people gave Chun the opportunity to repent. Yet he hypocritically went through the motions, and never honestly confronted his wrongdoing.

Chun Doo Hwan came from a military background. But his corruption was no different from that of the typical politician. During his term, he trumpeted anti-corruption rhetoric. He vowed to eliminate corruption. But as soon his power was consolidated, he began to manipulate his situation, and wantonly engaged in plunder. When the story came to light, he pleaded not guilty. He engaged in all manner of evasion. He secretly transferred vast sums of money abroad or to his children and their families. Compare this to former ROC President Chen Shui-bian's corruption and imprisonment. His family members continue to live in the lap of luxury. The two differ little, if any.

After Chun Doo Hwan was pardoned, he and his wife retreated to Baekdamsa Temple in the mountains of South Korea. He expressed repentance. He lived for two years without water or electricity, He lived on "bread and water." He affected a monastic lifestyle. But in fact he did not engage in serious soul-searching. Once he returned to secular life, his extravagance only intensified. South Korean prosecutors suspect that his methods for dealing with illicit funds were even more devious

History shows that corrupt individuals who genuinely repent are few and far between.

十六年了,南韓仍全力追討全斗煥資產
【聯合報╱社論】
2013.07.19 03:41 am

南韓檢察廳最近兵分十七路,對前總統全斗煥及其子女的住所和辦公處所進行了大規模搜索,以追查他隱匿未繳償的非法資產。檢方沒收了高價名畫、瓷器和各類藝品等近兩百件物品,並限制全斗煥的三名子女出境。

從一九九七年全斗煥被定罪至今,已逾十六年,南韓司法和民意追究貪腐總統全斗煥的行動始終未曾停止。韓國上月通過了一項針對公務員犯罪的「沒收條例法」修正案,除延長追徵公務員非法所得財產的時效,並把追討範圍擴大到第三方;這項被稱為「全斗煥追徵法」的修正案,正是針對他而來。舊法對全斗煥資產的追討只到今年十月即告失效,經過修法,追討時效將延至二○二○年十月。

南韓檢方周二的搜索,即是根據新法而採取的行動。檢方認為,全斗煥為躲避政府追討資產,把巨額非法所得轉移到家人以及親友名下;也因此,全斗煥的長子全宰國所經營的「時空社」,以及其他二子二女所經營的各項企業和擁有的私產,都同步遭到搜索。後續的問題,則需確認哪些財產是來自全斗煥所隱匿。

全斗煥執政時期為一九八○到一九八八年,南韓政治史上稱為「第五共和」;在金泳三執政後,全斗煥及其繼任者盧泰愚任內十三年的官商勾結及侵吞政治資金等情節遭到調查,全斗煥在一九九七年被南韓大法院以軍事叛亂、內亂和貪汙受賄等罪判處無期徒刑。那場世紀大審,兩位卸任總統穿著囚衣面無表情地站在法庭等待宣判的畫面,韓國人民至今仍難以忘卻。

當時,法院除判處全斗煥無期徒刑,並判決追繳其二二○五億韓元(約五十八億新台幣)。但那年全斗煥獲金大中總統特赦,並於次年獲釋出獄;十六年過去,全斗煥應繳償的金額卻僅繳交了五三三億韓元,尚有一六七二億韓元(約四十四億台幣)未繳。二○○三年被要求公開財產清單時,全斗煥聲稱「我的存摺裡只有廿九萬韓元」;一副打算狡賴到底的姿態,檢方亦無計可施。但去年秋天,全斗煥在一家新開張的高爾夫球場打完球後,與朋友舉行高級洋酒派對的景象曝光,再度激起民眾不滿,要求徹查其非法資產的呼聲空前高漲。南韓媒體分析,全斗煥的非法資產皆已轉移其子女名下,預估達一兆韓元。

正因如此,對全斗煥追繳非法資產的時效原僅到今年十月止,但六月底南韓國會通過修法,延長對公務員非法資產的追查時效,並將追查對象擴大到第三方。這項法案,正是朴槿惠總統上任後,因應民意對貪腐總統的憤怒未消,而採取的積極作為。對韓國檢察廳而言,這也是一個「民氣可用」的機會,遂發動大規模搜查行動,甚至動用了金屬探測器,務必要讓民眾感受到政府追討貪腐總統的強烈意志。

當天全斗煥住所被搜查時,全斗煥還對搜查人員說:「作為前任總統,讓國民看到這樣的一幕,實在無臉見人。」不過,南韓人民對這句話恐怕只會愈發產生反感;因為民眾三番兩次給他悔過的機會,但他只是一味虛偽敷衍,從未曾誠實以對。

全斗煥出身軍旅,但他的貪腐之路,和一般傳統政客出身者並無二致:在甫上任之初,他也曾高唱反貪論調,並聲言致力掃除貪腐;但俟手中權力穩固,即開始上下其手,肆無忌憚地搜刮。等到內情被揭發後,他拒不認罪,並百般推托,暗中卻將大量資金轉移國外,或輾轉脫手給子女和家人。對照台灣前總統陳水扁涉貪入獄,其家人卻風光享受無限餘溫的景象,兩者實無二致。

全斗煥曾在獲特赦後,偕妻子在南韓深山中的百潭寺靜修,對外表達他的悔過之意,並過了兩年沒水沒電、粗茶淡飯及暮鼓晨鐘的生活。事實上,他完全沒有真正反省,回到世俗生活後,奢侈揮霍反而更變本加厲;他處理非法資金的手法,也被南韓檢方懷疑更形純熟。

歷史證明,貪腐之人而能真心悔過者,幾稀!

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