‘삼성 이재용 재판’이 남긴 몇 가지 쟁점

Abstract

The Vice President of Samsung Electronics Lee Jae-Yong is facing a retrial on bribery charges against South Korea’s former president Park Geun-Hye. A court of first instance sentenced Lee Jae-Yong to 5 years in prison and the appellate court sentenced 2 year and 6 months prison and 4 years probation for Lee Jae-Yong. However, the supreme court destroyed some appeals in the appellate court, which leads to the current retrial. The case was at first controversial whether the reason for his arrest was met in terms of the procedural law and then the issue in a court of first instance was the fact that a court hearing has tightly proceeded three times a week and the business notebook’s ability of evidence corresponding to the double hearsay rule. This article made three points about the case; first, the reason for arrest should be realized, second, shortening trial period should be regarded as shortening the defendant’s arrest period, and finally the double hearsay should focus on the value of evidence rather than the ability of evidence. Another issue of this case was whether it is a simple bribery or the joint punishment of the third party’s bribery in terms of substantive law in case the third party monopolizing bribe co-process official’s bribery. The issue also was whether ‘dishonest solicitation’ in the third party’s bribery is sufficient for ‘implied solicitation about comprehensive issues.’ This article argues that the joint punishment of the third party’s bribery should be established in case that the third party rather than official monopolizes bribery, and ‘implied solicitation about comprehensive issues’ is not a sufficient requirement for ‘dishonest solicitation’ .